STATE OF NORTH DAKOTA 



GENERAL SCHOOL LAWS 

Comprising all the Laws in Force Pertaining to Public Schools -^ x J 



PUBLISHED BY 

DEPARTMENT OF PUBLIC INSTRUCTION 

E. J. TAYLOR, Superintendent 

MARCH J5, J9JI 



Published by Authority 



BISMARCK, N. D. 

KNIGHT PRINTING COMPANY 

1911 



^ \ n.*^ 



y 



V> • ^^^^ 



THIS VOLUME IS STATE PKOPERTY. 



And is for the use of ' 

of .._ School District No 

County of - State of North Dakota. 



School officers on retiring from office are required by law to de- 
liver this volume, with all other books and documents of an 
official character, to their successors in office. 



INTRODUCTORY 



This volume contaiins all the school laws in force pertaining 
to the rural, graded, consolidated and high schools of the state. 
Hereafter the school laws will be published in full only once in 
four years. The next complete edition will be published in 
1915. County Superintendents should furnish copies of the school 
laws only to those entitled by law to receive them. School of- 
ficers and others should be instructed to preserve their copies 
carefully and deliver them to their successors in office. 

E. J. Taylor, 

Supt. of Public Instruction. 
Bismarck, N, D. 
March 15, 1911. 



CONGRESSIONAL ENACTMENT 



ORGANIC LAW. 

NAECOTICS. 

§ 75. The nature of alcoholic drinks and narcotics, and special 
instruction as to their effects upon the human system', in con- 
nection with the several divisions of the subject of physiology 
and hygiene, shall be included in the branches of study taught in 
the common or public schools, and in the military and naval 
schools, and shall be studied and taught as thoroughly and in 
the same manner as other like required branches are in said 
schools by the use of text books in the hands of pupils where 
other branches are thus studied in said schools, and by all pupils 
in all said schools throughout the territories in the military and 
naval academies of the United States and in the District of Colum- 
bia and in all Indian and colored schools in the territories of the 
United States. 

§ 76. It shall be the duty of the proper officers in control of 
any school described in the foregoing section to enforce the pro- 
visions of this act; and any such officer, school director, com- 
mittee, superintendent or teacher who shall refuse or neglect to 
comply with the requirements of this act or shall neglect or fail 
to make proper provisions for the instruction required and in the 
manner specified by the first section of this act, for all the pupils 
in each and every school under his jurisdiction, shall be removed 
from office and the vacancy filled as in other cases. 

§ 77. No certificate shall be granted to any person to teach 
in the public schools of the District of Columbia or territories, 
after the first day of January, anno Domini eighteen hundred 
and eighty-eight, who has not passed a satisfactory examination 
in physiology and hygiene, with special reference to the nature 
and effects of alcoholic drinks and other narcotics upon the human 
system. 

Act of congress approved May 20, 1886. 

RESERVATION OF SCHOOL LANDS. 

§ 88. Sections numbered sixteen and thirty-six in each town- 
ship of the territories of * * * Dakota * * * shall be 
reserved for the purpose of being applied to schools in the several 
territories herein named, and in the states and territories here- 
after to be erected out of the same. 

Section 1846 R. S. U. S., 1874, approved March 2, 1861. (See, 
also, Enabling Act, section 10, post.) 



GENERAL SCHOOL LAWS 



ENABLING ACT. 

[Approved February 22, 1889.] 

§ 4. Providing for the constitutional conventions for North 
Dakota, South Dakota, Montana and Washington.] And said 
convention shall provide by ordinances irrevocable without the 
consent of the United States and the people of said states : 

Fourth. That provision shall be made for the establishment 
and maintenance of systems of public schools, which shall be 
open to all children of said states, and free from sectarian control. 

§ 10. That upon the admission of each of said states into 
the union, sections numbered sixteen and thirty-six in every town- 
ship of said proposed states, and where such sections or any parts 
thereof have been sold or otherwise disposed of by or under the 
authority of any act of congress, other lands equivalent thereto, 
in legal subdivisions of not less than one-quarter section * * * 
are hereby granted to said states for the support of common 
schools, 

§ 11. That all lands herein granted for educational purposes 
shall be disposed of only at public sale, and at a price not less 
than $10 per acre, the proceeds to constitute a permanent school 
fund, the interest of which only shall be expended in the support 
of said schools. But said lands may, under such regulations 
as the legislature shall prescribe, be leased for periods of not 
more than five years, in quantities not exceeding one section to 
any one person or company, and such lands shall not be subject 
to pre-emption, homestead entry, or any other entry under the 
land laws of the United States, whether surveyed or unsurveyed, 
but shall be reserved for school purposes only. 

§ 13. That five per centum of the proceeds of the sales of 
public lands lying within said states which shall be sold by the 
United States subsequent to the admission of said states into the 
union, after deducting all expenses incident to the same, which 
shall be paid to the said states, to be used as a permanent fund, 
the interest of which only shall be expended for the support of 
common schools within said states, respectively. 

§ 14. That the lands granted to the territories of Dakota and 
Montana by the act of February 18, 1881, * * * are hereby 
vested in the states of South Dakota, North Dakota and Montana 
respectively, * * * to the extent of the full quantity of sev- 
enty-two sections to each of said states, * * * but said act 
of February 18, 1881, shall be so amended as to provide that 
none of said lands shall be sold for less than $10 per acre, and 
the proceeds shall constitute a permanent fund to be safely in- 
vested and held by said states severally, and the income thereof 
be used exclusively for university purposes. * * * None 
of the lands granted in this section shall be sold at less than $10 
per acre ; but said lands may be leased in the same manner as 



STATE OF NORTH DAKOTA 



provided in section 11 of this act. The schools, colleges and 
universities provided for in this act shall forever remain under 
the exclusive control of the said states, respectively, and no part 
of the proceeds arising from the sale or disposal of any lands 
herein granted for educational purposes shall be used for the 
support of any sectarian or denominational school, college, or 
university. * * * 

§ 16. That 90,000 acres of land, to be selected and located as 
provided in section 10 of this act, are hereby granted to each of 
said states, except to the state of South Dakota, to which 120,000 
acres are granted, for the use and support of agricultural colleges 
in said states, as provided in the acts of congress making dona- 
tions of lands for such purpose. 

§ 17. That in lieu of the grant of land for purposes of internal 
improvement made to new states by the eighth section of the act 
of September 4, 1841, which act is hereby repealed as to the 
states provided for by this act, and in lieu of any claim or de- 
mand by the said states, or either of them, under the act of 
September 28, 1850, and section 2479 of the revised statutes, 
making a grant of swamp and overflowed lands to certain states, 
which grant it is hereby declared is not extended to the states 
provided for in this act, and in lieu of any grant of saline lands 
to said states, the following grants of lands are hereby miade, 
to-wit : 

To the State of South Dakota: For the school of mines, 40,000 
acres; for the reform school '40,000 apres; for the deaf and dumb 
asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for 
the university, 40,000 acres; for the state normal schools, 80,000 
acres; for public buidings at the capital of said state, 50,000 
acres, and for such other educational and charitable purposes as 
the legislature of said state may determine, 170,000 acres; in all 
500,000 acres. 

To the State of North Dakota a like quantity of land as in this 
section granted to the state of South Dakota and to be for like 
purposes, and in like proportion as far as practicable. 



CONSTITUTIONAL PROVISIONS 

[Adopted October 1, 1889] 



PEEAMBLE. 

We the people of North Dakota, grateful to Almighty Grod for 
the blessings of civil and religious liberty, do ordain and es- 
tablish this Constitution. 

ARTICLE II. 

The Legislative Department. 

§ 69. The legislative assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say : 

12, Providing for the management of common schools. 

ARTICLE III. 

§ 82. There shall be chosen by the qualified electors of the 
state at the time and places of choosing members of the legisla- 
tive assembly a * * * superinten(j[ent of public instruction 
* *' * -vvho shall have attained the age of twenty-five years, 
shall be a citizen of the United States, and shall have the quali- 
fications of state electors. They shall severally hold their offices 
at the seat of government for the term of two years, and until 
their successors are elected and duly qualified. 

§ 83. The powers and duties of the * * * superintendent 
of public instruction, * * * shall be as prescribed by law. 

§ 84. Until otherwise provided by law, the * * superin- 
tendent of public instruction, * * shall each receive an annual 
salary of $2,000; * * but the salary of any of said officers 
shall not be increased or diminished during the period for which 
they shall have been elected, and all fees and profits arising from 
any of the said offices shall be covered into the state treasury. 

ARTICLE V. 

elective franchise. 

§ 121. Amended.] Every male person of the age of twenty- 
one years or upwards belonging to either of the following classes, 
who shall have resided in the state one year, and in the county 



STATE OF NORTH DAKOTA 



six months, and in the precinct ninety days next preceding any 
election, shall be deemed a qualified elector at snch election. 

First — Citizens of the United States. 

Second — ^Civilized persons of Indian descent who shall have 
severed their tribal relations two years next preceding such elec- 
tion. 
(See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.) 

§ 123. Electors shall in all cases except treason, felony, breach 
of the peace or illegal voting, be privileged from arrest on the 
days of election during their attendance at, going to and re- 
turning from such election, and no elector shall be obliged to per- 
form military duty on the day of election except in time of war 
or public danger. 

§ 125. No elector shall be deemed to have lost his residence 
in this state by reason of his absence on business of the United 
States or of this state, or in the military or naval service of the 
United States. 

§ 126. No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this state in con- 
sequence of his being stationed therein. 

§ 127. Amended.] No person who is under guardianship, 
non compos mentis or insane, shall be qualified to vote at any 
election ; nor shall any person convicted of treason or felony, un- 
less restored to civil rights ; and the legislature shall by law estab- 
lish an educational test as a qualification, and may prescribe 
penalties for failing, neglecting or refusing to vote at any general 
election. 

§ 128. Any woman having the qualifications enumerated in sec- 
tion 121 of this article as to age, residence and citizenship, and 
including those now qualified by the laws of the territory, may 
vote for all school officers, and upon all questions pertaining 
solely to school matters, and be eligible to any school office. 

§ 129. All elections by the people shall be by secret ballot 
subject to such regulations as shall be provided by law. 

ARTICLE YIII. 

EDUCATION. 

§ 147. A high degree of intelligence, patriotism, integrity and 
miorality on the part of every voter in a government by the 
people being necessary in order to insure the continuance of that 
government and the prosperity and happiness of the people, the 
legislative assembly shall make provision for the establishment 
and maintenance of a system of public schools which shall be 
open to all children of the "state of North Dakota and free from 
sectarian control. The legislative requirements shall be irrevo- 
cable without the consent of the United States and the people of 
North Dakota. 



10 GENERAL SCHOOL LAWS 

§ 148. The legislative assembly shall provide at its first ses- 
sion after the adoption of this Constitution for a uniform system 
of free public schools throughout the state ; beginning with the 
primary and extending through all grades up to and including 
the normial and collegiate course. 

§ 149. In all schools instruction shall be given as far as prac- 
ticable, in those branches of knowledge that tend to impress 
upon the mind the vital importance of truthfulness, temperance, 
purity, public spirit, and respect for honest labor of every kind. 

§ 150. A superintendent of schools for each county shall be 
elected every two years, whose qualifications, duties, powers and 
compensation shall be fixed by law. 

§ 151. The legislative assembly shall take such other steps 
as may be necessary to prevent illiteracy, secure a reasonable de- 
gree of uniformity in course of study and to promote industrial, 
scientific and agricultural improvement. 

§ 152. All colleges, universities and other educational insti- 
tutions, for the support of which lands have been granted to this 
state, or which are supported by a public tax, shall remain under 
the absolute and exclusive control of the state. No money raised 
for the support of the public schools of the state shall be appro- 
priated to or used for the support of any sectarian school. 



TWELFTH LEGISLATIVE ASSEMBLY 
STATE OF NORTH DAKOTA 



CHAPTER 266. 

[S. B. No. 60— Talcott] 



AN ACT To, Provide a System of Free Public Schools for the State 
of North Dakota and to Eepeal Sections 747, 748, 749, 750, 751, 752, 



753,^754, 755, 756, 757, 758, 759 
767, 768, 769, 770, 771, 772, 773 
781, 782, 783, 784, 785, 786, 787^ 
795, 796, 797, 798, 799, 800, 801 
809, 810, 811, 812, 813, 814, 815 
823, 824, 825, 826, 827, 828, 829 
837, 838, 839, 840, 841, 842, 843 
851, 852, 853, 854, 855, 856, 857 
865, 866, 867, 868, 869, 870, 871 
879, 880, 881, 882, 883, 884, 885^ 
893, 894, 895, 896, 897, 898, 899 
907, 908, 909, 910, 911, 912, 913 
938, 939, 940, 941, 942, 943, 944 
952, 953, 954, 955 956, 957, 958 
966, 967, 968, 969, 970, 971, 972 
980, 981, 982, 983, 984, 985, 986 
994, 995, 996, 997, 998, 999, 1000 
1007, 1008, 1009, 1010, 1011, 1012 
1019, 1020, 1021, 1022, 1023, 1024 



760, 761, 762, 763, 764, 765, 766, 
774, 775, 776, 777, 778, 779, 780, 
788, 789, 790, 791, 792, 793, 794, 
802, 803, 804, 805, 806, 807, 808, 
816, 817, 818, 819, 820, 821, 822, 
830, 831, 832, 833, 834, 835, 836, 
844, 845, 846, 847, 848, 849, 850, 
858, 859, 860, 861, 862, 863, 864, 
872, 873, 874, 875, 876, 877, 878, 
886, 887, 888, 889, 890, 891, 892, 
900, 901, 902, 903, 904, 905, 906, 
914, 915, 916, 917, 918, 919, .937, 
945, 946, 947, 948, 949, 950, 951, 
959, 960, 961, 962, 963, 964, 965, 
973, 974, 975, 976, 977, 978, 979, 
98,7, 988, 989, 990, 991, 992 993, 
1001, 1002, 1003, 1004, 1005, 1006, 
1013, 1014, 1015, 1016, 1017, 1018, 
1025, 1026, 1027, 1028, 1029, and 



Section 1038 of the Revised Codes of 1905 With Any and All Amend- 
ments Thereto, and also Chapters 49, 98, 100, 103, 124, 153 and 201 of 
the Session Laws of 1909. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 
ARTICLE I.— SUPERINTENDENT OF PUBLIC INSTRUCTION. 

§ 1. Qualifications OF, TERM OF OFFICE.] There shall be elected 
by the qualified electors of the state at the time of choosing mem- 
bers of the legislative assembly, a superintendent of public instruc- 
tion, who shall have attained the age of twenty-five years, who 
shall have the qualifications of an elector for that office, and be 
the holder of a teacher's certificate of the highest grade, issued 
in this state. He shall hold his office at the seat of government 
for the term of two years, commencing on the first Monday in 
January following his election, and until his successor is elected 
and qualified. 

§ 2. To PRESERVE MISCELLANEOUS DOCUMENTS.] He shall pre- 
serve in his office all books, maps, charts, works on education, 
school reports and school laws of other states and cities, plans 
for school buildings and other articles of educational interest 
and value which may come into his possession as such officer. 



12 GENERAL SCHOOL LAWS 

and at the expiration of Ms term he shall deliver them together 
with the reports, statements, records and archives of his office 
to his successor. 

§ 3. Supervision op schools.] He shall have the general 
supervision of the public schools of the state and shall be ex- 
officio a member of the board of university and school lands and 
of the normal school board of the state. 

§ 4. To FURNISH SCHOOL SUPPLIES, BLANKS, ETC.] He shall 

prepare, cause to be printed and furnished to the proper officers 
or. persons all district clerks' record books and warrant books, 
school treasurers' record books, school registers, reports, state- 
ments, notices and returns needed or required to be used in the 
schools or by the schools officers of the state. He shall prepare 
and furnish to school officers, through the county superintendents, 
lists of publications approved by him as suitable for district 
libraries; such lists shall contain also the lowest price at which 
each publication can be purchased and such other information 
relative to the purchase of district libraries as he may deem 
requisite. 

§ 5. Prescribe course of study.] He shall prepare and pre- 
scribe a course of study for all the common schools of the state.. 

§ 6. Advise county superintendents.] He shall counsel with 
and advise county superintendents and boards of education in 
special or independent school districts upon all matters involving 
the welfare of schools and he shall, when requested, give them 
written answers to all questions concerning the school law. He 
shall decide all appeals from the decision of the county super- 
intendents and may for such decisions require affidavits, or 
verified statements or sworn testimony as to the facts in issue. 
He shall prescribe and cause to be enforced, rules of practice 
and regulations pertaining to the hearing and determination of 
appeals and necessary for carrying into effect the school laws 
of the state. 

§ 7. Conference with county superintendents.] He shall 
meet with any or all of the county superintendents of the state 
at such time and place as he shall appoint, giving them due notice 
of such meeting, and it shall be their duty to attend such meet- 
ings. The object of such meetings shall be to accumulate valu- 
able facts relative to schools, to compare views, to discuss prin- 
ciples, to hear discussions and suggestions relative to the exam- 
inations and qualifications of teachers, methods of instruction, 
text books, institutes, visitation of schools and other matters 
relating to the public schools. 

§ 8. EuLES FOR teachers' institutes.] He shall prescribe rules 
and regulations for the holding of teachers' institutes and 
teachers' training schools, and after counseling and advising- 
with the county superintendent shall appoint conductors and 
assistants therefor. He shall prescribe the course of instructioui 
for teachers' institutes and for teachers' training schools. 



STATE OF NORTH DAKOTA ' 13 

§ 9. To ASSIST AT teachers' INSTITUTES.] He sliall when prac- 
ticable, attend and assist at teachers' institutes and aid and 
encourage generally, teachers in qualifying themselves for the 
successful discharge of their duties; he shall labor faithfully in 
all practicable ways for the welfare of the public schools of the 
state, and shall perform such other duties as shall be required of 
him by law. 

§ 10. Eecord of official acts.] He shall keep a complete 
record of all his official acts and shall file in his office all appeals 
and the papers pertaining thereto. 

§ 11. Seal.] He shall provide and keep a seal by which all 
his official acts may be authenticated. 

§ 12. Biennial report, what to contain.] He shall, on or 
before the first day of November preceding the biennial session 
of the legislative assembly, make and transmit to the governor a 
report showing: 

1. The number of school districts, schools, teachers employed 
and pupils taught therein and the attendance of pupils and 
studies pursued by them. 

2. The financial condition of the schools, their receipts and 
expenditures, value of school houses and property, cost of tuition 
and salary of teachers. 

3. The condition, educational and financial, of the normal and 
higher institutions connected with the school system of the state 
and as far as it can be ascertained, of the private schools, acad- 
emies and colleges of the state. 

4. Such general matters, information and recommendations 
relating to the educational interests of the state, as he may deem 
important. 

§ 13. Reports to be printed.] Three thousand copies of the 
report of the superintendent of public instruction shall be 
printed biennially in the month of December preceding the 
session of the legislative assembly. One copy shall be furnished 
to each of the members of the legislative assembly, five to each 
state educational institution, one copy to each county superin- 
tendent of the state, one copy to the president of each school 
board, one copy to each state officer, one copy to each state and 
territorial superintendent, and twenty copies shall be filed in the 
office of the superintendent of public instruction and ten copies 
in the state library. Copies may be distributed among the var- 
ious colleges, universities, and libraries of the United States. 

§ 14. School laws to be printed.] He shall in the year 1911, 
and every four years thereafter, cause to be printed, the school 
laws of the state, with such notes and decisions thereon as may 
seem to him advisable, and shall furnish them through the 
office of the county superintendent of schools, to the school 
officers of the state, and to public libraries within the state. At 
the close of any biennial session of the legislature he shall pub- 



14 SHH GENERAL SCHOOL LAWS 

lish in pamphlet form the laws pertaining to education enacted 
at that session and shall distribute them as provided for the 
distribution of the school laws. 

§ 15. Publication of proceedings op educational association.] 
The state superintendent of public instruction is hereby authorized 
and required to publish annually, as public matter, not to exceed 
one thousand fii^e hundred copies of the proceedings of the North 
Dakota Educational Association, the same to be distributed 
throughout the state by the department of public instruction; 
provided, that a copy of the proceedings of said association shall 
be filed by the secretary or other officer of said association with 
the superintendent of public instruction, on or before the first 
day of February of each year. 

§ 16. Salary. Traveling expenses.] He shall receive an 
annual salary of three thousand dollars and in addition thereto 
his actual and necessary traveling expenses incurred in the dis- 
charge of his official duties, not exceeding one thousand two 
hundred dollars in any one year, such expenses to be paid 
monthly on the warrant of the state auditor upon his filing with 
such auditor an itemized statement of such expenses properly 
verified. The state superintendent may appoint a deputy for 
whose official acts he shall be responsible. He may also appoint 
an assistant whose duty shall be to assist the state superintendent 
in visiting schools, institutes, attending school officers' meetings 
and to perform such other duties as the state superintendent 
may direct. The state superintendent may also appoint such 
clerks as shall be necessary in carrying on the work of his de- 
partment. 

AETICLE II.— COUNTY SUPEEINTENDBNT OF SCHOOLS. 

§ 17. Election, term op office.] There shall be elected in 
each organized county, at the same time other county officers 
are elected, a county superintendent of schools, whose term of 
office shall be two years, commencing on the first Monday in 
January following his election, and until his successor is elected 
and qualified. 

§ 18. Qualifications of.] No person shall be deemed qualified 
for the office of county superintendent in any county, who is not 
a graduate of some reputable normal school or higher institution 
of learning, or does not hold at least a second grade professional 
certificate, and who has not had at least two years' successful 
experience in teaching, one year of which shall have been in 
this state. 

§ 19. General duties.] The county superintendent of schools 
shall have the general superintendence of the common schools 
in his county, except those in districts which employ a city sup- 
erintendent of schools. 

§ 20. General duties, visits.] He shall visit each common 
school at least once each year and carefully observe the condi- 



STATE OF NORTH DAKOTA 15 

tion of the school, the mental and moral instruction given, the 
methods of teaching employed by the teacher, the teachers' abil- 
ity, and the progress of the pupils. He shall advise and direct 
the teachers in regard to the instruction, classification, govern- 
ment and discipline of the school and the course of study. He 
shall keep a record of such visits and by memoranda indicate 
his judgment of the teachers' ability to teach and govern, and 
the condition and progress of the school, which shall be open to 
inspection by any school director. 

§ 21. General DUTIES, BLANKS, teachers' MEETINGS.] He shall 
carry into effect all instructions of the superintendent of public 
instruction given within his authority. He shall distribute to 
the proper officers and to teachers all blanks furnished him by 
such superintendent, and needed by such officers and teachers. 
Acting under the instructions of the superintendent of public 
instruction, he may, convene the teachers of his county not to 
exceed one Saturday in each month during which the public 
schools are in progress, or if the distance is too great he may 
convene the teachers of two or more districts in each of the 
several portions of his county in county or district meetings, for 
professional instruction and for such other work as may be 
approved by the superintendent of public instruction. Each 
teacher shall attend the full sessions of such meetings when 
required, and participate in the exercise thereof, or forfeit one 
day's wages for each day's absence therefrom, unless such absence 
is occasioned by sickness of the teacher or others to whom his 
attention is due ; but when, on account of distance or otherwise, 
it would impose a hardship upon any teacher to attend, or would 
cause such teacher to neglect his school, the county superintend- 
ent may excuse such teacher from attendance. 

§ 22. Meetings with school officers.] He may arrange for 
meetings with school officers at designated times and places, due 
notice of which has been given, for the purpose of inspecting the 
district records and instructing in the manner of keeping the 
same, and of preparing the reports of district officers. He shall 
visit the officers of the several school districts as often as may 
be necessary to secure the correct keeping of the records. 

§ 23. Annual meeting of school officers.] He shall convene 
the members and clerks of the school boards in his county, or 
such representatives of the school officers of each district as the 
president or members of the school boards may appoint, in case 
he or they cannot attend personally, for the purpose of discus- 
sing plans and methods for the improvement and general care 
of the schools; provided, further, such general meeting shall 
not occur more than once in each year. 

§ 24, Record op official acts.] He shall keep a record of 
all his official acts, and shall preserve all books, maps, charts, 
and apparatus sent him as a school officer, or belonging to his 



16 GENERAL SCHOOL LAWS 

office. He shall file all reports and statements from teachers and 
school boards and shall turn them over to his successors in 
office. He shall be provided with a seal by which his official acts 
may be authenticated. 

§ 25. Prepaee maps.] He shall, on or before the first day 
of April of each year, prepare and furnish to the several asses- 
sors of the county a correct sectional map of their respective 
districts, showing the boundaries and names or numbers of all 
school districts therein. 

§ 26. File lists.] Immediately after the July meeting of the 
school boards, the county superintendent shall file with the 
county auditor and the county treasurer a list of the names of 
all persons chosen as presidents and clerks of the several school 
boards in his county. 

§ 27. Apportionment op state tuition fund.] He shall make 
apportionment of the state tuition fund among the school cor- 
porations of the county, as provided in this chapter. 

§ 28. Office^ postage and stationery.] He may provide for 
himself a suitable office for the transaction of official business 
when not provided therewith by the county commissioners, and 
such commissioners shall audit and pay his reasonable accounts 
for the use and furniture of such office. They shall also furnish 
him with all necessary books, stationery and postage. 

§ 29. To DECIDE questions op controversy.] He shall decide 
all matters in controversy arising in his county in the adminis- 
tration of the school law or appealed to him from the decision 
of school officers or boards. An appeal may be taken from his 
decision to the superintendent of public instruction, in which 
case a full written statement of the facts, together with the 
testimony and his decision in the case shall be certified to the 
superintendent of public instruction for his decision in the mat- 
ter, which decision shall be final, subject to adjudication or the 
proper legal remedies in the courts. 

§ 30. Power to administer oaths.] He shall have power to 
administer the oath of office to all subordinate school officers, 
and to witnesses and to examine them under oath in all contro- 
versies pending before him arising in the administration of the 
school laws; but he shall not receive pay for administering such 
oath. 

§ 31. Report delinquent teachers, when.] He shall see to 
it that the pupils are instructed in the several branches of study 
required by law to be taught in the schools, as far as they are 
qualified to pursue them. If any teacher neglects or refuses to 
give instruction as required by law in physiology and hygiene 
and the nature and effect of alcoholic drinks and other narcotics, 
the county superintendent shall promptly notify the secretary 
of the board of examiners. 

§ 32. Report of state superintendent.] He shall, on or be- 
fore the fifteenth day of September in each year, make and 



STATE OF NORTH DAKOTA 17 

transmit a report to the superintendent of public instruction, 
containing such statistics, items and statements relative to the 
schools of the county, as may be required by such superintend- 
ent. Such report shall be made upon and conform to the blanks 
furnished by the superintendent of public instruction for that 
purpose. He shall not be paid his salary for the last month of 
his official year until he presents to the county commissioners 
the receipt of the superintendent of public instruction for such 
annual report. 

§ 33. Deputies. How appointed. Salary.] In counties hav- 
ing fifty or more schools, the county superintendent may appoint 
an office deputy, for whose acts as such he shall be responsible, 
which deputy shall be entitled to a salary equal to fifty per cent 
of the county superintendent's salary, provided, that in counties 
having 150 or more schools, the county superintendent shall be 
allowed one deputy for each 100 schools or major fraction thereof 
under the supervision of said superintendent. Such deputies 
shall be for the purpose of assisting the county superintendent 
in visiting schools and in the general supervision of the educa- 
tional work of the county. They shall possess the qualifications 
of the county superintendent of schools specified in section 18 
of this chapter and shall each receive a salary of two hundred 
(200) dollars per annum in excess of that paid to the office 
deputy. 

§ 34. Salary and expenses.] The county superintendent of 
schools shall receive an annual salary equal to that paid to the 
register of deeds of his county, which salary shall be paid 
monthly on the warrant of the county auditor on the county 
treasurer, and in addition thereto he shall receive ten cents per 
mile for the distance actually and necessarily traveled by him 
or his field deputy in the discharge of his duties within the county 
and in attendance at meetings of county superintendents called 
by the superintendent of public instruction as provided by law. 
He shall at the end of every three months make and furnish to 
the county commissioners an itemized statement subscribed and 
sworn to of the distance so traveled in the discharge of his duties, 
which shall be audited and ordered paid by the board of county 
commissioners. 

§ 35. Office postage and stationery.] He may provide for 
himself a suitable office for the transaction of official business 
when not provided thercAvith by the county commissioners, and 
such commissioners shall audit and pay his reasonable accounts 
for the use and furniture of such office. They shall also furnish 
him with all necessary books, stationery and postage. 

§ 36. Shall not absent himself prom county.] No county 
superintendent of schools shall engage in any profession or 
occupation, nor shall he absent himself from the county or dis- 
trict for which he is elected, to engage in any occupation, pro- 



18 GENERAL SCHOOL LAWS 

fession or pursuit during the term for which he is elected for 
such time and in such manner as to interfere with the proper 
discharge of his duties as county superintendent of schools. 

AETICLE III.— COMMON SCHOOL DISTEICTS. 

§ 37. Each school district a corporation.] Each and every 
school district in this state now legally organized or which shall 
be organized hereafter shall be and is hereby constituted a public 

corporation to be known and designated as 

school district No of .County, 

State of North Dakota, mth its proper name or number inserted 
in the blank space provided and with the name of the county 
inserted in the blank before the word county; and in its own 
proper name, or number, as such corporation it may sue and be 
sued, contract, and be contracted with and may acquire, pur- 
chase, hold and use personal and real property for school pur- 
poses or for the purposes mentioned in this act and may sell 
and dispose of the same. 

§ 38. What territory may be organized into district school 
corporations.] The county commissioners of each county in this 
state shall organize into a school district any territory not, at 
the taking effect of this act, already organized into a school district 
upon being petitioned so to do by at least one-third of the resi- 
dents of such territory having the care and custody of any child 
of school age; provided, such territory shall consist of not less 
than one congressional township and shall have at least twelve 
thousand dollars in taxable property and at least ten children 
of school age residing therein. 

§ 39. When school corporations may be divided and attach- 
ed to other districts.] If a portion of any such school district 
having not more than ten children of school age residing therein 
is separated from the other portion of such district by any nat- 
ural obstacle which practically prevents such children from at- 
tending school in such other portion, the county commissioners 
of the county may annex such portion so separated, to an adjoin- 
ing school district, and the portion so annexed shall constitute a 
part of such adjacent school district. If such adjacent district 
lies in another county, the county commissioners of the two 
counties may jointly make such annexation ; provided, that when- 
ever portions of a school district lie in different civil townships 
there may be created therefrom two or more distinct school dis- 
tricts, when in the judgment of such commissioners and the 
county superintendent, such change can be made without detri- 
ment to the school or to the pupils therein, and the division can 
be made by following the boundary line or lines of congressional 
townships, or the meander lines of the government survey. 

§ 40. Annexation of school districts.] If a town or village 
not organized into a special district is divided by a civil township 
line or if such town or village is divided by any county line, the 



STATE OF NORTH DAKOTA 19 

county commissioners of such county, or the county commissioners 
of such adjacent counties acting in joint session, as the case may 
be, may, when petitioned so to do by a majority of the voters of 
each part of said town or village, annex, one part of such town 
or village to the adjacent school district which includes the other 
part of such town or village and the part so annexed shall con- 
stitute a portion of such adjacent district. 

§ 41. "When civil townships may consolidate into school 
DISTRICTS.] In any county in this state, if a civil township, hav- 
ing less than fifteen persons of school age residing therein, by 
reason of the irregular course of natural boundary, contains less 
than twelve square miles of territory, it shall constitute a portion 
of the adjacent school district with which it has the longest 
common boundary line. 

§ 42. School districts. How named.] Each school district 
constituted or formed under the provisions of this article, shall 
be designated a school district as distinguished from a civil town- 
ship or congressional township, and shall be named as follows: 
Each school district which consists of a civil township shall be 

named ' ' School District of 

County, State of North Dakota," with the name of the civil 
township which constitutes the districts inserted in the blank 
before the word "school," and the name of the county in which 
it is situated inserted before the word ''county." Each school 
district which consists of territory not organized into a civil 
township, but which has been named by a distinctive name shall 
have such distinctive name inserted in the blank before the word 
"school." Each school district consisting of territory not organ- 
ized into a civil township which has no distinctive name shall be 

named "School District No of County, 

State of North Dakota," which is organized for school purposes 
under the district system at the taking effect of this act, the sev- 
eral school districts shall retain and he known by the number 
which they have respectively at the time of the taking effect of 
this act and any school district hereafter formed in any such 
county shall be known by the number next higher than that of 
the highest pre-existing numbered district, 

§ 43. Boundaries, how changed.] The board of county com- 
missioners and county superintendent of schools may change the 
boundaries of any school district or consolidate two or more dis- 
tricts already organized if in their judgment such change is 
desirable or necessary upon being petitioned so to do by a major- 
ity of the school voters residing in the districts whose boundaries 
will be affected by such change. 

§ 43^/^. Boundaries to be re- arranged and re-established. 
How.] The county commissioners and county superintendent of 
schools of each county which at the taking effect of this act is 
organized for school purposes under the district system, shall 



20 GENERAL SCHOOL LAWS 

meet on the second Monday in July, A. D, 1911, at the place- 
where the meetings of such commissioners are usually held, and 
shall re-arrange and establish the boundaries of the several 
school districts of the county, as follows: 

1. Each school district now organized, which has less than 
ten persons of school age residing therein, may be annexed to 
and form a part of such adjacent district as shall be most con- 
venient for such persons of school age, if in the judgment of such 
commissioners and superintendent, such annexation can be made 
without detriment to the school or to the pupils residing in such 
district. 

2. Such commissioners and superintendent shall make such 
changes generally in the boundary line of the school districts of 
the county, and may organize school districts, as in their judg- 
ment will be for the best interests of the schools of the county. 

§ 44. New common school districts. How organized.] The 
board of county commissioners and county superintendent may 
organize a ncAv school district from portions of school districts 
already organized, if in their judgment the organization of a 
new district is desirable and necessary, upon being petitioned so 
to do by at least a majority of the school voters residing in the- 
districts, whose boundaries will be affected by the organization 
of a new district, and by at least three-fourths of the residents 
of the territory to be included in the new district. No school 
district shall be organized under the provisions of this section 
which shall have less than $20,000 assessed valuation and shall 
have residing therein less than twelve children of school age; 
provided, that when the districts from portions of which such 
new district is sought to be organized, lie in two or more adjoin- 
ing counties, such new district shall be organized by the eon- 
current action of the boards of county commissioners and county 
superintendents of such counties; provided, further, that action 
on such organization shall be taken only at the July meeting of 
the county commissioners when petitioned by a majority of the 
voters residing in each of the districts to be affected, 

§ 45. Public notice given.] Whenever the board of county 
commissioners and county superintendent of schools shall be 
petitioned to organize a new school district or to change the 
boundaries of districts already organized, the county superin- 
tendent shall give public notice, for at least thirty days, to the 
residents of the districts whose boundaries will be affected by the 
organization of the new district, by mailing a notice to that effect 
to each school officer of such districts, and by publishing the same 
in the official newspaper of the county j!»ublished nearest that 
district. 

§ 46. Plats of school districts prepared by county auditor. 
Record.] The county auditor shall prepare a record or plat of 
his county showing the boundaries, name or number of school 



STATE OF NORTH DAKOTA 21 



districts in said county wliicli record sliall remain on file in his 
office. Whenever the boundaries of a school district are changed 
or a new school district organized the cotinty auditor shall make 
a record of the same. 

§ 47. Legalizing irregularities.] All school districts, whether 
duly and legally organized under the provisions of statute, or 
not, which for one year or more last past had a de facto organ- 
ization, and also all school districts, whether duly and legally 
organized under the provisions of statute or not, which have 
heretofore attached or attempted to attach territory outside of 
the limits thereof and adjacent to such district, and now included 
in the territory comprising or exercising the powers of such 
school district, are hereby declared to be legally organized and 
are authorized to exercise all the functions of school districts 
which have been duly and legally organized as provided by stat- 
ute, -v^dth the boundaries which they may have at the time of 
going into effect of this article, and all contracts and obligations 
of said districts and the acts of the officials thereof are hereby 
ratified and confirmed so far as to give them the same validity 
which they would have had if such districts had been legally 
organized. 

AETICLE IV.— ELECTION OF OFFICEES IN COMMON 
SCHOOL DISTRICTS. 

§ 48. Officers to be elected.] On the first Tuesday in June 
of each year there shall be elected one school director for the term 
of three years and on the first Tuesday in June of each even 
numbered year a school treasurer for the term of two years. 
Such officers shall hold their respective offices from the second 
Tuesday in July following their election for the number of years 
respectively for which they were elected, and until their succes- 
sors are elected and qualified. At the first election for the or- 
ganization of a new school district there shall be elected at large 
for such school district three directors, one to serve until the 
first annual election, one to serve uiitil the second annual elec- 
tion thereafter and one to serve until the third annual election 
thereafter, and a school treasurer to serve until the annual elec- 
tion in the nest even numbered year and until his successor is 
elected and qualified. 

§ 49. Polling places, how established. Appointment op elec- 
tion officers.] The county superintendent in each county shall, 
at least twenty-one days prior to the first election in the new 
district, fix and designate some polling place in each school 
district so located as to be convenient for the voters of such 
district, and shall appoint two persons to act as judges and two 
to act as clerks of the election of such school officers ; such judges 
and clerks shall be qualified voters in their respective districts. 
The county superintendent shall notifj^ in writing such judges 
and clerks of their appointment, and of the place fixed and 



22 GENERAL SCHOOL LAWS 

designated as the polling place in their respective districts and 
shall furnish them with the necessary blanks and poll books for 
such election. He shall also furnish one of such clerks with three 
notices of such election specifying the time and place at which 
such election is to be held. The officers to be elected and term 
of each which notices such clerk shall post in three of the most 
public places in the district at least fourteen days prior to such 
election. The county superintendent shall fix the date and per- 
form such other duties as devolve upon him by the provisions of 
this section for the first election in any school district hereafter 
formed under the provisions of this chapter, and such election 
shall be called by the county superintendent within thirty days 
after the formation of such school district. 

§ 50. Who qualified to vote or hold office.] At any election 
of school officers in any school district in this state all persons 
who are qualified electors under the general laws of the state and 
all women twenty-one years of age having the necessary quali- 
fications as to citizenship and residence required of male voters 
by law, shall be qualified voters and shall be eligible to the office 
of county superintendent of schools, school director, district 
treasurer, school district clerk, or member of the board of edu- 
cation, or may be judge or clerk of such election; provided, how- 
ever, that the county superintendent shall possess the educational 
qualifications named in Section 18. 

§ 51. Hours polls open.] At all elections for school district 
officers the polls shall be opened at 2 o'clock p. m. and closed at 
5 o'clock p. m. 

§ 52. Notice of annual election.] At least fourteen days 
before the first Tuesday in June of each year the district school 
board of each school district shall designate one polling place as 
convenient as possible to the voters of such district at which 
such annual election shall be held, and shall cause notice of such 
election to be posted in at least three of the most public and 
conspicuous places within the district. Such notices shall be 
signed by the clerk or in his absence by the president of the dis- 
trict school board, and shall state the time and place of holding 
such election, and the officers to be elected and their terms of 
office, and shall be substantially in the following form: 

Notice is hereby given that on Tuesday, the day of 

June A. D. 19 , an election will be held at 

(here insert polling place) for the purpose of electing 

(here insert officers to be elected and term each is to serve) for 

School District No or for (Here 

insert name of school district). The polls will be opened at two 
o'clock p. m. and closed at 5 o'clock p. m. of that day. 
By order of School Board, 

Signed 



STATE OF NORTH DAKOTA 23 

§ 53. Judge's oath.] At such annual election any two of 
the directors of the school district may act as judges and the 
clerk of the district school board and one other person to be 
chosen by the voters present at the opening of the polls, shall 
act as clerks. The voters present at the opening of the polls 
shall choose a person to fill any vacancy caused by the absence 
of either of such officers to act as judge or clerk of such election. 
Before opening the polls each of the judges and clerks of election 
shall take and subscribe the following oath or affirmation: "I 
do solemnly swear (or affirm) that I will perform my duties as 
judge or clerk (as the case may be) according to law and the 
best of my ability." Such oath or affirmation may be adminis- 
tered by any officer authorized to administer oaths or by either 
of the. judges or clerks. Any school officer elected and qualified 
under the provisions of this chapter is authorized and empowered 
to administer any oath or affirmation pertaining in any manner 
to school offices. 

§ 54. Election, how conducted, canvass op votes.] Such 
election shall be conducted and the votes canvassed as provided 
by law for general elections, except as otherwise provided in this 
chapter. Immediately after the polls are closed the judges shall 
proceed to count and canvass the votes for each person voted 
for at such election for any office, and the person receiving the 
highest number of votes for the office of director shall be declared 
elected. If the election results in a tie the district clerk shall 
immediately notify in writing the parties having received such 
tie votes, and a time shall be agreed upon by the parties, within 
three days after the election, at which the election shall be de- 
cided in the manner that may be agreed upon by the parties in 
the presence of the judges and clerks of election, and a record 
of the proceedings shall be made in the records of the district 
clerk. 

§ 55. Certificate of election.] The clerk of the school dis- 
trict shall within five days after such election furnish each per- 
son elected to any district office, a written notice of his election 
and of his duty to take the oath of office as such officer on or 
before the second Tuesday in July following such election. He 
shall also forward to the county superintendent within ten days 
after such election, a certified list of all the officers elected 
thereat. 

§ 56. Oath of office.] Each person elected to the office of 
school director or district treasurer shall before entering upon the 
duties of his office take and subscribe the oath prescribed in 
section 211 of the constitution, which oath shall be filed with the 
clerk of the school district board. 



24 GENERAL SCHOOL LAWS 

ARTICLE v.— OEGANIZATION MEETINGS AND DUTIES OF 
COMMON SCHOOL OFEICEES. 

§ 57. Organization, clerk.] The school board shall meet an- 
nually on the second Tuesday in July and organize by choosing 
one of the members president, and a competent person, not a 
member of the board, clerk, who shall hold office during the 
pleasure of the board. 

§ 58. District school board quorum.] The three school 
directors in each school district shall constitute the district school 
board. A majority of the board shall constitute a quorum and 
the agreement of a majority shall be necessary to the validity 
of any contract entered into by the board. 

§ 59. Meetings of board. Fees.] The board shall, on the 
second Tuesday in January, April, July and October of each 
year, hold regular meetings for the transaction of business at 
such hour and place as may be fixed by the board. A special 
meeting may be held upon the call of the president or the other 
two members. Written notice of the time and place of any spe- 
cial meeting shall be given to each member of the board at least 
forty-eight hours before the time of such meeting. Each member 
of the board shall be paid the sum of eight dollars per annum, 
less two dollars for each regular meeting which he fails to at- 
tend; provided, that in any common school district which con- 
tains a graded school of three or more departments the board 
shall hold regular meetings for the transaction of business on 
the second Tuesday of each month at such time and place as 
may be fixed by the board, and in such districts the members 
of the board shall receive a compensation of one dollar for each ^ 
meeting attended; provided, further, the members and clerks 
receive ten cents a mile for the distance necessarily traveled in 
attending general meetings of school officers convened by the 
county superintendent and also a salary of two dollars, but the 
total sum of such salary and mileage shall not exceed seven dol- 
lars for each officer at any one meeting. 

§'60. Duties op the president.] The president shall preside 
at all meetings of the board, and shall perform such duties as 
usually pertain to such office, a^d in accordance with the cus- 
tomary rules of order. In his absence a president pro tempore 
shall preside. The president shall perform such other duties as 
are prescribed in this chapter. 

§ 61. Duties of clerk. Compensation.] The clerk of the 
board shall keep an accurate record of all proceedings of the 
board, give or post all notices, make out all reports and state- 
ments and perform all other duties required by law or by the 
board. He shall receive such compensation as shall be fixed by 
the board, not less than ten dollars for one school and five dollars 
for each additional school in his district; provided, that such 
salary shall not exceed fifty dollars in any one year; provided, 



STATE OP NORTH DAKOTA 25 

further, that the clerk shall receive such additional compensation 
for taking the annual school census as the board may allow, 

§ 62. Treasurer's bond. How approved. Vacancy. Hovp' 
PILLED.] The school treasurer shall on or before the second 
Tuesday in July following his election and before entering upon 
his duties, give a bond to the school district conditioned for the 
honest and faithful discharge of his duties and that he will 
render a true account of all funds and property that shall come 
into his hands and pay and deliver the same according to law. 
Such bonds shall be in such sum as may be fixed by the board but 
not less than double the sum to come into his hands in any one 
year as nearly as may be ascertained, which bond shall be signed 
by two or more sufficient sureties, to be approved by the school 
board. In case the school board neglects or refuses to approve 
the bond of such treasurer and the sureties thereon, such treas- 
urer may present the same to the county superintendent and 
serve notica thereof Lipon the board and due proof of such notice 
being made to the county superintendent, he shall, unless good 
cause for his delay appears, proceed to hear and determine the 
sufficiency of the bond and the sureties thereon, and may approve 
or disapprove the same as the facts warrant. In case of a failure 
to elect a successor to any school treasurer at the expiration of 
his term of office, the said treasurer holds over and he shall be 
required to give a new bond, within ten days after notice by the 
board. In case of a failure so to do, a vacancy shall be deemed 
to exist in said office and shall be filled as provided by law. In 
case a vacancy occurs in the office of the school treasurer, it 
shall be the duty of the county treasurer of the county wherein 
such school district is located, upon being notified by the county 
superintendent or clerk of such school district that such vacancy 
exists, to perform the duties of treasurer of such school district 
until the vacancy is duly filled. 

§ 63. When additionaI; bonds required.] Whenever the 
amount in the hands of the treasurer or subject to his order 
exceeds two-thirds of the penal sum of his bond or when in the 
judgment of the board or of the county superintendent the secur- 
ity on such bond is impaired, the board or county superintendent 
shall require an additional bond. If the treasurer fails for twenty 
days to give such additional bond, the office shall be declared 
vacant and the vacancy shall be filled as provided by this 
chapter. 

§ 63V2. Surety bonds. Premiums. How paid.] Every per- 
son- hereafter elected to the office of district treasurer within 
the state of North Dakota, be, and is, hereby required to give an 
official bond in a penal sum to be fixed by the board of directors, 
which bond shall not be in a less penal sum than double the 
amount of money likely to come into his hands in any one year, 
and such board may by resolution require that such bond shall 
be executed by some responsible fidelity or surety company auth- 



26 GENERAL SCHOOL LAWS 

orized and qualified to do business in the state of North Dakota, 
and subject to approval as provided by law; provided, further, 
if a surety bond is given it shall be for a sum fixed by the board 
of directors. The amount of premiums for such surety or fidelity 
bond shall be audited by the board of directors and paid out of 
the general fund of the district. 

§ 63%, School funds. How paid out.] The school treasurer 
shall keep such account and make such reports as are required 
of him by law. He shall pay no money out of the funds in his 
hands except upon the warrant of the school board, signed by 
the president and countersigned by the clerk. He shall pay all 
warrants properly drawn and signed when presented, if there 
is any money in his hands or subject to his order fdr their pay- 
ment. 

§ 64. Warrants to be indorsed when no funds to pay.] 
"When a school district warrant is presented to the district treas- 
urer for payment and there is no money in his hands or subject 
to his order belonging to the proper fund for the payment of 
such warrants, he shall indorse on such warrant, "presented for 

payment this day of 19 , 

and not paid for want of funds," and shall sign such indorse- 
ment and indorse the sum on the warrant and add "balance 
the part pa;^Tiient of such warrant, he shall make such part pay- 
ment and indorse the sum on the warrant and add "balance 
not paid for want of funds," signing the same. He shall keep a 
correct register of all warrants so presented and indorsed. Each 
warrant thus presented and indorsed shall draw interest on the 
amount unpaid at a rate not to exceed seven per cent per annum 
from the date of such presentation and indorsement until paid; 
provided, that when there shall come into the hands of the 
treasurer or subject to his order, money applicable to the pay- 
ment of any warrant which has been so presented and regis- 
tered, he shall notify in writing by mail, the drawee of such 
warrant at his last known place of residence, to present such 
warrant for payment, and interest shall cease upon every war- 
rant ten days after such notice shall have been sent, and such 
money shall be held for the payment of such warrant. 

§ 65. Warrants, what to specify.] Each warrant drawn by 
the clerk or the board on the district treasurer must specify the 
purpose for which it is drawn, the fund on which it is drawn 
and the person to whom payable ; and no warrant shall be issued 
except for indebtedness incurred prior to its issue. 

§ 66. Oaths and bonds. Where to be filed.] All official 
oaths and bonds of school district officers shall be filed with the 
district clerk, who shall immediately certify to the county sup- 
erintendent the fact of such oaths and bonds being filed. Said 
clerk shall file school treasurer's bond with the county auditor 
after such bond has been approved by the district school board, 



STATE OF NORTH DAKOTA 27 



as provided in this chapter. In case of the breach of any of the 
conditions of the treasurer's bond, the board, through its presi- 
dent, and in case of his refusal so to do, the county superintend- 
ent, shall cause an action to be commenced and prosecuted 
thereon in the corporate name of the district, and any money 
collected for the district shall be paid to the district treasurer 
and any money collected for fines shall be paid into the county 
treasury and be credited to the general school fund of the state. 
If the board and county superintendent both fail or refuse to 
bring such action, any taxpayer in the district may commence 
and prosecute such action, and the necessary expense thereof 
shall be paid out of the district treasury unless otherwise ordered 
by the court. 

§ 66%. Salary of school treasurer.] The school treasurer 
shall be paid for his services such sum as shall be fixed by the 
board not less than five nor more than twenty-five dollars per 
annum. 

AETICLE VI.— POWERS AND DUTIES OF COMMON SCHOOL 

BOAEDS. 

§ 67. General powers.] The district school board shall have 
the general charge, direction and management of the schools of 
the district, and the care, custody and control of all the property 
belonging to it, subject to the provisions of this chapter; pro- 
vided that in the employment of teachers, no person related by 
blood or marriage to any member of the district board shall be 
hired without the unanimous consent of the board. 

§ 68. Power to establish Schools.] It shall organize, main- 
tain and conveniently locate schools for the education of child- 
ren, of school age within the district, and change or discontinue 
any of them as provided by law. 

§ 69. Repairs, fuel and supplies.] It shall make all neces- 
sary repairs to school houses, outbuildings and appurtenances, 
and shall furnish fuel and all necessary supplies for the schools 
and provide for janitor service. 

§ 70. Furniture. Maps. Register. School library.] It shall 
furnish to each school all necessary and suitable furniture, maps 
and apparatus, including any dictionary which is recognized as 
a standard authority. The school register and all school blanks 
used, shall be those furnished by the state department of public 
instruction. It may appropriate and expend each year not more 
than twenty-five dollars for each school, or separate department 
thereof, of the district for the purpose of a school library, to be 
selected by the school board, and the teacher, from any list of books 
authorized by the superintendent of public instruction, and fur- 
nished by him to the county superintendent for that purpose, 
and it shall not purchase any books which have not been approved 
by the superintendent of public instruction. 



28 GENERAL SCHOOL LAWS ;' 

§ 71. Care op library. Librarian.] It shall have the care 
and custody of the library and may appoint as librarian any 
suitable person, including one of their number, but whenever 
practicable, the library shall be kept in the school house and 
always so when school is in session. It shall make rules to govern 
the circulation and care of the books while in the hands of the 
pupils or other persons, subject to the general rules as may be 
prescribed by the state superintendent of public instruction, and 
may impose and collect penalties for injuries done to any book 
by the act, negligence or permission of the person who takes the 
same or while in his possession, but no book shall be loaned to 
any person not a resident of the district. It may at any time 
temporarily exchange any part or all of its library with any 
other district or persons, so far as different books may be ob- 
tained, but each district shall recall its books before the^ close 
of the school term. It may at any time accept donations of books 
for the library, but it shall exclude therefrom all books unsuited 
to the cultivation of good character and good morals and man- 
ners, and no sectarian publications, devoted to the discussion of 
sectarian differences and creeds shall be admitted to the library. 
It shall be held accountable for the proper care and preservation 
of the library, and shall report annually to the county superin- 
tendent all library statistics which may be required by the blanks 
furnished for that purpose by the superintendent of public 
instruction. 

§ 72. Teachers. How employed. Salaries.] It shall employ 
the teachers of the school district and may dismiss a teacher at 
any time for plain violation of contract, gross immorality or flag- 
grant neglect of duty. No person shall be permitted to teach in 
any public school who is not the holder of a teacher's certificate 
or a permit to teach, valid in the county or district in which 
such school is situated, and every contract for the employment 
of a teacher must be in writing and such contract must be 
executed before such teacher begins to teach in such school; 
provided, that no teacher holding a valid certificate shall receive 
less than forty-five dollars per month. Nothing in this section 
shall be construed to mean that teachers holding the same grade 
certificate must necessarily receive the same salary. 

§ 73. Pupils prom other districts.] It shall have the power 
to admit to the schools in the district, pupils from other districts, 
when it can be done without injuring or overcrowding such 
schools, and shall make regulations for their admission and the 
payment of their tuition. It shall have the power to arrange 
with the board of another district for sending to such district 
such pupils as can conveniently be taught therein, for paying 
their tuition, and for arranging and paying for their transpor- 
tation to and from the school in such district ; and when peti- 
tioned by a majority of the voters of a district it shall be the 
duty of the board of any district to arrange for sending to such 



STATE OF NORTH DAKOTA 29 

district such pupils as can conveniently be taught therein, for 
paying their tuition and for arranging and paying for their 
transportation to and from the school in such district. It shall 
have the power to admit to the schools in the district, pupils 
residing in unorganized territory adjacent to the district, and 
to arrange with the parents or guardian of such pupils for paying 
their tuition; but in no instance shall a board refuse privileges 
to or collect tuition from pupils residing in such adjacent 
unorganized territory, if the parents of such pupils are property 
holders in the district and pay taxes. It shall also have the 
power to make proper and needful rules for the assignment and 
distribution of pupils to and among the schools in the district, 
and their transfer from one school to another. 

§ 74. EuLES. Suspension of pupils.] It shall assist and co- 
operate with teachers in the government and discipline of the 
schools, and may make proper rules and regulations therefor. 
It may suspend or expel from school any pupil who is insub- 
ordinate or habitually disobedient, but such suspension shall not 
be for a longer period than ten days nor such expulsion beyond 
the end of the current term of school. 

§ 75. Branches op study.] Subject to the approval of the 
county superintendent, it shall have power to determine what 
branches, if any, in addition to those required by law shall be 
taught in any school of the district. 

§ 76. Tax levy. Notice to county auditor.] It shall have 
power to levy upon the property in the district a tax for school 
purposes of not exceeding thirty mills on the dollar in any year, 
which levy shall be made by resolution of the board prior to 
the twentieth day of July. The clerk shall immediately there- 
after notify in writing the county auditor of the amount of tax 
so levied. It shall not have power to abate or reduce the amount 
of tax so levied after the county auditor has been notified of 
the amount of such levy. 

§ 77. When school houses can be used for other purposes.] 
It may permit a school house, when not occupied for school 
purposes to be used under careful restrictions for any proper 
purpose, giving equal rights and privileges to all religious de- 
nominations or political parties, but for any such use or privilege 
it shall not be at any cost for fuel or otherwise to the district. 
Nor shall any furniture which is fastened to the floor be removed, 
and whoever removes any school furniture for any other purpose 
than repairing the same or for repairing the school room, shall 
be guilty of a misdemeanor and shall be fined not less than five 
nor more than ten dollars for each offense. All fines imposed 
and collected under the provisions of this section shall be paid 
into the general school fund of the state. 

§ 78. School houses and sites how determined.] Whenever 
in the judgment of the board it is desirable or necessary to the 
welfare of the schools in the district, or to provide for the children 



30 GENERAL SCHOOL LAWS 

therein proper school privileges or whenever petitioned to do so 
by one-third of the voters of the district, the board shall call 
an election of the voters in the district at some convenient time 
and place fixed by the board, to vote upon the question of the 
selection, purchase, exchange or sale of a school. house site, of 
the erection, removal, or sale of a school house. Said election 
shall be conducted and the votes canvassed in the same manner 
as at the annual election of school officers. 

§ 79. Election, how called. Plans. How prepared.] Three 
notices of the time, place and the purpose of such election shall 
be posted in three of the most public places in the district at 
least fourteen days prior to such meeting. If a majority of the 
voters present at such meeting shall by vote select a sehoolhouse 
site or shall be in favor of the purchase, exchange or sale of the 
school house, as the case may be, then the board shall proceed 
to carry out the decision of the voters of the district, provided 
it shall require a vote of two-thirds of the voters present and 
voting at such meeting to order the removal of the school house, 
and such school house so removed cannot again be removed within 
three years from the date of such meeting ; and, further, if the 
question of removing the school house fails to carry, then the 
question of removing such school house cannot again be raised 
within one year ; provided, further, that whenever a school house 
is to be purchased, erected or constructed in a common school 
district, the school board shall consult with the county super- 
intendent of schools and the county superintendent of health 
with regard to plans providing for the proper construction, light- 
ing, heating and ventilating; provided, further, that it shall be 
the duty of the state superintendent of public instruction to 
furnish plans for school houses of one and two rooms that will 
be in accord with the best ideas pertaining to heating, lighting, 
ventilation and other sanitary requirements; provided, further, 
that school boards and county superintendents shall secure from 
a competent carpenter or architect complete specifications and 
blue prints for plans furnished by the state superintendent of 
public instruction, or approved plans that may be furnished by 
said carpenter or architect, at a cost not to exceed twenty-five 
dollars for a one room school house and forty dollars for a two 
room school house. A copy of such plans and specifications 
shall be filed in the office of county superintendent. 

§ 80. Board of inspection.]. The county superintendent of 
health, the chairman of the board of county commissioners and 
the county superintendent of schools of each county are hereby 
constituted a board for the purpose of inspecting school houses 
and outbuildings with reference to their sanitary condition and 
whenever the county superintendent of schools shall report to 
said board of inspection that a school house or outbuilding is 
in an unsanitary or unsafe condition, said board shall inspect 
the same and shall direct the district school board to make such 



STATE OF NORTH DAKOTA 31 

changes or repairs as are necessary to make such building or 
buildings, sanitary, safe and fit for school purposes. 

§ 81. School house sites, how obtained and maximum area 
ALLOWED.] The school board of any school district may take, 
in the corporate name thereof, any real property not exceeding 
five acres in area chosen as a site for school house, as provided 
in this chapter, and may hold and use such tract for school 
purposes only. Should the owner of such real property refuse 
or neglect to grant and convey such site, a site for a school house 
may be obtained by proceeding in eminent domain, as provided 
in the Code of Civil Procedure. If this site so selected is not 
used for the purpose for which it is taken, for two successive 
years, it shall revert to the original owner or his assigns upon 
payment of the sum originally paid by the school district. If 
such owner or his assigns neglects or refuses to make such re- 
payment for one year after demand therefor by the board, such 
site shall be the property of the district. 

§ 82. Schools to be organized on petition.] If a petition 
signed by the persons charged with the support and having the 
custody and care of nine or more children of school age, all of 
whom reside not less than two and one-half miles from the 
nearest school, is presented to the board, asking for the organiza- 
tion of a school for such children, the board shall organize such 
school and employ a teacher therefor, if a suitable room for such 
school can be leased or rented at some proper location not more 
than two and one-half miles distant from the residence of any 
one of such children, and if no suitable room for such school 
can be leased or rented, the board shall call a meeting of the 
voters of the district for the selection and purchase or erection 
of a school house, as provided for in section 79. If at such 
meeting no such site is selected or if it is not voted to erect 
or purchase a school house for such school, the board shall select 
and purchase a school house site and erect, purchase or move 
thereon a school house at a cost of not more then twelve hundred 
dollars for such school house and furniture therefor; provided, 
hat the provisions of this section shall not apply in instances 
tvhere schools have been consolidated in accordance with the 
provisions of section 84. 

§ 83. School terms, how arranged and when discontinued.] 
The district board shall determine and fix the length of time the 
schools in the district shall be taught each year, and when each 
term of school shall begin and end. It shall so arrange such 
terms as to accommodate and furnish school privileges equally 
and equitably to pupils of all ages ; provided, that every common 
school shall be kept in session for not less than seven months 
in each school year; provided, further, that any school may be 
discontinued when the average attendance of pupils therein for 
ten consecutive days shall be less than four, and all contracts 
between school boards and teachers shall contain a provision 



32 GENERAL SCHOOL LAWS 



that no compensation shall be received by such teacher from the 
date of such discontinuance, if proper and convenient school 
facilities be provided for the pupils therein in some other school. 

§ 84. Consolidation. Conveying pupils.] The district board 
may call, and, if petitioned by one-third of the voters in the dis- 
trict, shall call an election to determine the question of "con- 
veying pupils at the expense of said district to and from schools 
already established," or "of consolidating two or more schools, 
and of selecting a site and erecting a suitable building, or of 
making suitable additions to buildings already erected, to ac- 
commodate the pupils of schools to be vacated." Said elections 
shall be conducted, both as to notices and as to manner of can- 
vassing the votes, in the same manner as the annual school elec- 
tion. If a majority of the votes cast at such election are in 
favor of conveying the pupils at the expense of the district to 
and from schools already established or of consolidating tw'o or 
more schools and of providing a suitable building for the ac- 
commodation of the pupils of vacated schools, then the board 
shall make all necessary arrangements to carry out the decision 
of the district. The board shall arrange for the transportation 
of pupils to and from such schools. It shall establish routes of 
travel, adopt rules and regulations for such transportation and 
shall contract with responsible parties for such transportation. 

§ 85. Additional school time.] If a majority of the patrons 
of any school averaging for its last term eight or more pupils 
in daily attendance, shall petition the board to continue such 
school for an additional time, the board shall continue such school 
for that length of time if there are funds in the treasury sufficient 
for that purpose. 

§ 86. District high schools. How established and controll- 
ed.] In any district containing four or more schools, and having 
an enumeration of sixty or more persons of school age residing 
therein the board may call, and if petitioned so to do by ten 
or more voters in the district, shall call a meeting of the voters 
of such district, in the manner prescribed in section 79 to de- 
termine the question of establishing a district high school. If 
a majority of the voters at such meeting vote in favor of 
establishing such high school, the meeting shall further proceed 
to select a site therefor, and to provide for the erection or 
purchase of a school building or for the necessary addition to 
some school building therefor. Thereupon the board shall erect 
or purchase a building or make such addition for such high 
school, as shall be determined at such meeting and shall establish 
therein a district high school containing one or more departments^ 
and employ teachers therefor. 

§ 87. Length op term.] Such high school shall be kept in 
session for such time each year, not less than four months, as 
the board may determine. The board shall, subject to the 
approval of the county superintendent, grade such high school. 



STATE OF NORTH DAKOTA 33 

and prescribe the studies to be pursued therein, and shall have 
the same management and control thereof as of the elementary 
schools in the district. 

§ 88. Adjacent districts may join.] Two or more adjacent 
school districts may join in the establishment and maintenance 
of such high school, or for a graded school or for both, when 
empowered so to do by a majority of the voters in each district, 
at a meeting called and held as provided for in this section, in 
which case the building and furniture occupied and used for 
such high school or graded school shall belong to the districts 
so uniting and all the costs of maintaining such school, or schools, 
including the wages of teachers and all necessary supplies shall 
be paid by such districts in proportion to the assessed valuation 
of the property in each ; and the employment of teachers therefor, 
and the management, control and grading thereof shall be vested 
in the joint boards of such districts, subject to the approval of 
the county superintendent of the county in which such districts 
are located. 

§ 89. School census. Annual report.] The school board 
shall cause an enumeration to be made between the first and 
twentieth day of June of each year, of all unmarried persons of 
school age, being over six and under twenty-one, having their 
legal residence in the district, giving the names and ages of such 
persons and the names of parents and guardians having the care 
and custody of each; also the name and age of each deaf and 
dumb, blind, and feeble minded person between the ages of five 
and twenty-five years, residing in the district, including all such 
persons as may be too deaf or feeble minded to acquire an educa- 
tion in the common schools, and the names and post-office address 
of the parents or guardians of such persons. The enumeration 
shall be made upon and in accordance with the blanks furnished 
therefor by the county superintendent, and shall be returned to 
the county superintendent prior to the tenth day of July. 

§ 90. Eeports. To whom sent.] A copy of the enumeration 
of such deaf aiid dumb persons shall be furnished the superin- 
tendent of the school for the deaf; a copy of the enumeration 
of such blind persons shall be furnished to the superintendent 
of the school for the blind; and a copy of the enumeration of 
such feeble minded persons shall be furnished the superintendent 
of the institution for the feeble-minded, by the county superin- 
tendent immediately upon the receipt of the same. A copy of 
such enumeration shall also be kept in the office of the district 
court clerk. 

§ 91. Clerk's annual report.] The board shall also cause the 
district clerk to make out an annual report for the year begin- 
ning July 1st, and ending June 30th, containing such actual 
and statistical statements and items as shall be required by the 
superintendent of public instruction, and upon and in accordance 
with the blanks furnished therefor by the county superintendent. 



34 GENERAL SCHOOL LAWS 

Such reports shall be carefully examined and certified to as 
correct by the board at its regular meeting in July, and trans- 
mitted to the county superintendent prior to the 1st day of 
August following. A copy of such report shall be filed in the 
district clerk's office. 

§ 92. Eecords open to inspection.] All reports, books, 
records, vouchers, contracts and papers relating to school business 
in the school district in the office of the clerk shall at all times 
be open to the inspection of any director, who shall advise and 
aid in securing correct records, accounts, and legal reports, and 
they shall likewise be open to the county superintendent, and 
any particular paper or record shall be exhibited at reasonable 
hours to any voter or taxpayer. 

§ 93. Records and teaching in English.] All reports and 
records of school officers and proceedings of all school meetings 
shall be in the English language, and if any money belonging 
to any district shall be expended in supporting a school in which 
the English language is not the medium of instruction exclu- 
sively, the county superintendent or any taxpayer of the school 
corporation may in a civil action in the name of the corporation 
recover for such corporation all such money from the officer 
expending it or ordering or voting for its expenditure. 

§ 94. Fire escapes required.] One or more stationary fire 
escapes, consisting of stairways, shall be attached to the outside 
of each and every story above the first story, of all school houses 
in the state having more than one story and not provided with 
a front and rear exit, each at least four feet six inches in width. 

§ 95. Duty op school officers.] It shall be the duty of all 
persons including trustees, boards of directors and boards of 
education having charge of such school houses, to comply with 
the provisions of the last section, 

§ 96. Penalty.] Any and all such persons failing to comply 
with the provisions of sections 94 and 95 of this act shall be 
guilty of a misdemeanor. 

§ 97. Duties of district school boards as to tree planting.] 
It is hereby made the duty of every district school board in the 
state of North Dakota to plant trees and shrubs upon the 
grounds of every school house in their district and to encourage 
school children to plant such trees and shrubs and to cultivate 
ahd protect the same. 

§ 98. Fences.] "Where stock is permitted to run at large it 
is hereby made the duty of the district school board to cause to 
be erected about the grounds of every school house in each 
district a fence sufficient to protect the trees and shrubs upon the 
school house grounds from destruction by live stock, and such 
fence shall be provided with convenient gates or stiles ;, provided, 
further, that in the construction of such fence barbed wire shall 
not be used. 



STATE OF NORTH DAKOTA 35 

§ 99. Funds for tree planting and cultivation.] The district 
sphool board is hereby empowered and it shall be its duty to 
expend not less than ten dollars annually for each school yard 
out of the funds of the school district for the purpose mentioned 
in the foregoing section. 

§ 100. Stables in RURAL DISTRICTS. Hitching posts.] If in any 
rural school district, a petition signed by the persons charged 
with the support and having the custody and care of eight or 
more children of school age is presented to the school board asking 
for the building of a suitable stable upon the school site, the board 
shall provide such stable without unnecessary delay. It shall 
be the duty of the school board in rural districts to provide for 
substantial hitching posts for each school site in the district. 

ARTIC;i>E—A7'II.— SCHOOL FUNDS. 

§ 101. State tuition fund. How raised.] The net proceeds 
arising from all fines and penalties for violation of state laws, 
from leasing the school lands and the interest and income from 
the state permanent school fund shall be collected and paid into 
the state treasury in the same manner as is provided by law for the 
collection and payment of state taxes, and shall constitute the 
state tuition fund, which shall be apportioned among the several 
counties of the state in proportion to the number of children of 
school age in each as shown by the last enumeration authorized 
by law. 

§ 102. County treasurer to report state tuition fund 
QUARTERLY.] It shall be the duty of the county treasurer to 
receive from the proper officers the net proceeds of fines, penalties 
and forfeitures for violation of state laws, and all moneys arising 
from leasing of school lands within the county, and to forward 
a detailed statement of moneys so collected, specifying the amount 
received from each of the above sources, to the state auditor at 
the same time that he is required to make reports of other moneys 
to such auditor. 

§ 103. Duty of state auditor.] It shall be the duty of the 
state auditor on or before the third Monday in February, May, 
August, and November in each year to certify to the superinten- 
dent of public instruction the amount of the state tuition fund 
and the superintendent of public instruction shall immediately 
apportion such funds among the several counties of the state in 
proportion to the number of children of school age residing in 
each as shown by the last enumeration provided for by law and 
certify to the state auditor, state treasurer and to the county 
treasurer and county superintendent of each county, the amount 
apportioned to the respective counties. Immediately upon re- 
ceipt of such apportionment from the state superintendent as 
herein provided, the state auditor shall draw a warrant upon 
the state treasurer for the full amount of the state tuition fund 
apportioned to the several counties and shall deliver the same 



36 GENERAL SCHOOL LAWS 

to the state treasurer, taking his receipt therefor and shall notify 
the several county treasurers of the amount due their respective 
counties and that such warrant has been issued therefor, and 
the state treasurer shall pay on such warrant to the several coun- 
ty treasurers the amount due their respective counties. 

§ 104/ Funds kept separate.] All moneys arising from in- 
terest on the permanent school fund and from leasing school 
lands shall be apportioned under a separate item and such money 
shall be taken account of as a separate item by all officers making 
or certifying such apportionment, or through whose hands any 
portion of such funds shall pass and it is further made the duty 
of the district treasurer to keep such funds separate from all 
other funds and if at the close of the school year any part of 
such funds which was apportioned prior to the third Monday of 
May of such year remains in the hands of the district treasurer, 
he shall transfer the same to the general fund of the district to 
which it was apportioned. 

§ 105. Funds defined. How used.] All moneys received by 
the school district from the apportionment made by the superin- 
tendent of public instruction shall constitute and be designated 
the state tuition fund. All moneys received from district taxes, 
from subscription, from sale of property, or from any other 
source whatever except from apportionment made by the super- 
intendent of public instruction shall be designated the general 
fund. In addition to the state tuition fund and the general fund, 
a sinking fund may be established as provided by this article. 
The state tuition fund shall be used only in the payment of 
teachers' salary; provided, that if the amount of state tuition 
apportioned to any district in any" one year is insufficient for 
the payment of teachers' salary in such district, any money on 
hand or available belonging to the general fund of such district 
may be applied to meet such deficiency; provided, further, that 
if the state tuition fund apportioned to any district in any one 
year is more than sufficient for the payment of teachers' wages 
in such district the portion of such fund in excess of the amount 
so required shall be transferred to and become a part of the 
general fund. 

§ 106. Funds controlled and paid out by county treasurer.] 
All funds shall be kept in the possession or under the control of 
and paid out by the district treasurer except as otherwise provided 
in this chapter, and he shall keep for each district one general 
account of the entire receipts and expenditures, and separate 
itemized accounts, as herein provided, for each class of receipts 
and expenditures. His books shall at all times show by entries 
under proper heads all receipts of fund and payments made 
therefrom, so as to enable any person readily to ascertain the 
balance in any fund, 

§ 107. Not entitled to tuition fund, when. Enumeration.] 
No school district shall be entitled to receive any portion of the 



STATE OF KORTII DAKOTA 37 

state tuition fund that fails to make a report of the enumeration 
of the children of school age in the manner provided by law, nor 
until the enumeration has been taken and reported as required 
by law. The county superintendent is empowered to withhold 
the payment of county tuition from any district whose officers 
have failed to make the reports required by law ; and, further, the 
county superintendent shall not authorize the payment of money 
apportioned to any district unless the bond and oath of the 
treasurer of such district has been duly approved and filed as 
provided by law. 

§ 108. Enumeration in new districts.] New districts organ- 
ized after the annual enumeration has been taken shall proceed 
immediately to take the enumeration as provided by law, and 
after the receipt of such enumeration by the superintendent of 
public instruction through the county superintendent, the newly 
organized district shall receive its proportionate share of the 
funds to be apportioned. 

§ 109. Apportionment op funds withheld, when.] The 
county superintendent shall have the right to withhold the appor- 
tionment of the county tuition fund (two mill tax and school poll 
tax) from any school district other than the new districts herein 
provided for, which has not maintained school therein for a 
period of not less than six school months in each school of said 
district during the school year preceding such apportionment 
or has not otherwise provided school facilities for the pupils of 
that' district ; provided, further, that it shall be mandatory upon 
the county superintendent to withhold the apportionment of the 
county tuition funds from any district which has not maintained 
school for a period of at least five months in each school in said 
district or has not otherwise provided school facilities for the 
pupils of that district for the school year preceding such appor- 
tionment; and when such apportionment of county tuition fund 
shall be withheld by the county superintendent from any district, 
it shall revert from the funds from which it was originally 
apportioned. 

§ 110. Apportionment of state tuition funds by county 
Superintendent.] Within thirty days and not less than twenty 
days after receiving the certificate of apportionment from the 
superintendent of public instruction and the certificate from the 
county auditor as provided for in section 118 of this chapter, 
the county superintendent shall apportion separately to the 
several school districts, which are entitled to any portion of the 
state tuition and special funds within the county, in proportion 
to the number of children residing in each district over six and 
under twenty-one years of age as appears from the last enumera- 
tion authorized by law, upon which the superintendent of public 
instruction made the apportionment to the several counties, and 
he shall immediately notify each district treasurer of the amount 
of tuition fund in the county treasury due the district, and shall 



38 GENERAL SCHOOL LAWS 

certify to the county treasurer and to the county auditor the 
amount due each school district. The county treasurer shall 
deliver to the several school treasurers, upon the order of the 
county auditor, the amounts apportioned to their respective dis- 
tricts, taking a receipt therefor. 

§ 111. Treasurer's accounts. Annual settlement.] The dis- 
trict treasurer shall open new accounts with each fund at the be- 
ginning of each school year, and the balance of each fund shall 
be brought down and become a part of the first entry in opening 
the account for the new year. On the second Tuesday in July, 
the school board shall make settlement with the district treasurer, 
and shall carefully examine his books, accounts, and vouchers, 
and shall ascertain if the amount of all warrants, bonds and 
coupons paid and redeemed or paid in part, together with the 
cash in his hands or under his control, is equal to the amount of 
cash on hand at the beginning of the school year, together with 
all money received by him from all sources for school purposes 
during the year. The district treasurer shall deliver to the board 
at such annual meeting, all warrants, bonds, and coupons paid and 
redeemed by him during the school year and held by him as 
vouchers, taking the receipt of the board therefor, and such 
vouchers shall forthwith be filed with the district clerk. He 
shall at that meeting make his annual report in triplicate, one 
copy to be preserved in the treasurer's office, one to be filed with 
the clerk of the school board and one to be transmitted to the 
county superintendent of schools, and the board shall cause to 
be published an itemized statement of the receipts and expendi- 
tures of the preceding year in a newspaper of the county nearest 
said school district ; provided, that if said board or treasurer shall 
have failed to publish said statement by the first of September 
following the presentation of the treasurer's annual report, then 
it shall be the duty of the county superintendent of schools to 
cause the publication of the same in a newspaper of the county, 
said publication to be paid for by the school district. The 
treasurer's reports shall show the following: 

EECEIPTS. 

The balance at the close of the year. 

The amount received into the state tuition fund. 

The amount received into the special fund. 

The amount received into the county tuition fund. 

The amount received into the sinking fund. 

EXPENDITURES. 

The amount paid for school houses, sites and furniture. 
The amount paid for apparatus and fixtures. 
The amount paid for teachers' wages. 



STATE OF NORTH DAKOTA 39 

The amount paid for services and expenses of school officers. 

The amount paid for redemption of bonds. 

The amount paid for interest on bonds. 

The amount paid for incidental expenses. 

The cash on hand at the close of the school year. 

Such report shall include such other items as may be required 
by the district board, or the superintendent of public instruction, 
and shall be upon and in conformity with the blanks furnished 
him for that purpose. 

§ 112. When county treasurer to pay funds to district 
TREASURER.] The treasurer of each district shall apply to the 
county auditor for an order, and the county treasurer shall pay 
over to him on such order all of the school money collected for 
such district and all school money apportioned to such district 
by the county superintendent of and the county auditor shall 
issue such order; provided, such district treasurer has qualified 
and, filed his oath and bond as provided by law. It shall be the 
duty of the county treasurer, when payment is made to any school 
treasurer or any funds herein provided for, immediately to notify 
the clerk of the school board of the payment of the same. 

§ 113. County treasurer to. keep accounts with the school 
CORPORATIONS.] Each county treasurer shall keep a regular ac- 
count with each school corporation, in which he shall charge 
himself with all taxes collected by levy of the district school board 
and all sums apportioned to the district by the county superin- 
tendent or other authority and all sums received from the district, 
and he shall credit himself with all payments made to the 
treasurer of the district, distinguishing between the items paid 
by apportionment, those from county taxes and those from other 
sources. He shall also credit himself with all payments for re- 
demption or endorsement of warrants in the collection of taxes 
and shall deliver to the district treasurer a duplicate tax receipt 
for the amount of each warrant so indorsed or redeemed, together 
with all warrants so redeemed at the time of making other regular 
payments to the district treasurer. To these credits, to balance 
the accounts, he shall add all items for legal fees, for collection and 
other duties. 

§ 114. School taxes, how and when collected.] It shall be 
the duty of the county treasurer to collect the taxes for school 
purposes at the same time and in the same manner that the county 
and state taxes are collected, and full power is hereby given him 
to sell property for school taxes the same as is provided by law 
for the collection of other taxes, whenever an error occurs in the 
tax list of any school district, the school board or board of educa- 
tion in special or independent districts or districts organized un- 
der special laws may correct such errors and refund such taxes 
improperly collected. All penalties and interest collected on de- 
linquent school taxes shall be applied to the proper fund to which 
such delinquent taxes belong. 



40 GENERAL SCHOOL. LAWS 

ARTICLE VIII.— TAXES. 

§ 115. School board to levy tax.] Each district school 
board shall have power and it shall be its duty to levy upon all 
property subject to taxation in the district, a tax for school pur- 
poses of all kinds authorized by law, not exceeding in the aggre- 
gate a rate of thirty mills on the dollar in any one year. Such 
tax shall be levied by resolution of the board prior to the twen- 
tieth day of July of each year, which resolution shall be entered 
in the records of the proceedings of the board. The clerk shall 
immediately thereafter notify the county auditor in writing of 
the amount of tax levied, and such notice shall be in substantially 
the following form : 

STATE OF NORTH DAKOTA, 1 

y ss. 

COUNTY OF J 

School District 



To 

County Auditor of County: 

Sir: 

You are hereby notified that the School Board of 

School District has levied a tax of dollars 

upon all real and personal property in said school district for 
school purposes. You will duly enter and extend such tax upon 
the county tax list for collection upon the taxable property of such 
school district for the current year. 

Dated at this day of 19.— 



District Clerk. 

§ 116. Levy to pay judgment.] The notice of a tax levy to 
pay any judgment against the district shall be in addition to the 
regular tax and shall be certified to the county auditor under 
the same general form, as near, as may be ; provided, that if the 
boundaries of such district shall embrace a portion of two 
counties then the clerk of such district shall certify to the county 
auditor of the county in which is located the original district to 
which such portions of the district embraced in the other county 
is attached, in addition to the tax levy above mentioned, a list 
and valuation of all property subject to taxation in such portion 
of such district embraced in the other county, as shown by the 
assessor making the assessment in such county, township or assess- 
or's district, and the auditor shall enter such property upon the tax 
duplicate of his county and levy all school taxes upon the same, 
and the county treasurer of the county shall collect the taxes lev- 
ied thereon the same as other taxes are collected and pay the same 
over as provided by law. 

§ 117. Tax, how levied.] The county auditor of each county 
shall at the time of making the annual assessment and levy of 



STATE OF NORTH DAKOTA 41 

taxes levy a tax of one dollar on each elector in the county for 
the support of public schools, and a further tax of two mills on 
the dollar on taxable property in the county, to be collected at 
the same time and in the same manner as other taxes are col- 
lected, which shall be apportioned by the county superintendent 
of schools among the school districts of the county. 

§ 118. How APPORTIONED.] It shall be the duty of the county 
auditor on or before the third Monday in February, May, Aug- 
ust, and November in each year, to certify to the county super- 
intendent of schools the amount of such county tuition fund, 
which the county superintendent of schools shall apportion among 
the several school districts in the same manner as provided for 
the apportionment of the state tuition fund. The county super- 
intendent shall file with the county auditor and the county treas- 
urer a certified statement showing the amount apportioned to 
each district. • 

§ 119. Apportionment of delinquent taxes.] It shall also be 
the duty of the county auditor to certify at the time herein spe- 
cified the amount of delinquent taxes collected for the special 
tuition fund prior to those levied for the year 1899 which amounts 
shall be apportioned by the county superintendent of schools as 
herein provided. 

§ 120. Maximum levy for final judgment. Taxes to be uni- 
form.] Wlieu any final judgment shall be obtained against a 
school district the board thereof shall levy a tax upon the taxable 
property of such district not exceeding in amount twenty mills 
on the dollar in any one j^ear, which shall be used in the pay- 
ment thereof. The county auditor shall make out, charge and 
extend upon the tax list against each description of real property 
and against all personal property, and upon all taxable property 
of the district, all such taxes for school and judgment of which 
he has been notified, have been levied by the district in which the 
property is situated and taxable, in the same manner in Avhich 
the county and state tax list is prepared, and deliver it to the 
county treasurer at the same time. All taxes for school purposes 
shall be uniform upon the property within each school district, 

§ 121; Indebtedness of district. How adjusted when no 
LEGAL SCHOOL BOARD EXISTS.] If any school district in the state 
has for one or more years past, either through failure to elect a 
school board or through a failure of the county superintendent 
to appoint a school board, been without a legal school board or 
if hereafter any school district through such failure to elect or 
appoint such school board shall be without such legal school board 
and such district shall have an authorized indebtedness either in 
bonds, interest due on bonds or otherwise, it shall be the duty 
of the county superintendent, the county treasurer and county 
auditor, acting as a board of adjusters, to assess upon the taxable 
property of such school corporation a tax not to exceed twenty 
mills on the dollar in any one year upon the assessed valuation 



42 GENERAL SCHOOL LAWS 

thereof for the payment of the same. Which tax so levied shall 
be extended upon the tax lists by the county auditor and be col- 
lected and shall be applied upon and used for the payment of 
such indebtedness and shall be paid to the creditors of such dis- 
trict upon the warrant of the county auditor, countersigned by 
the county superintendent, and all warrants, bonds, interest cou- 
pons, receipted bills or accounts shall be filed in the office of the 
county auditor, and in the case such school corporation has a 
bonded indebtedness, it shall be the duty of such board of ad- 
justers to levy a tax upon the property of such district sufficient 
to create a sinking fund for the redemption of such bonds upon 
the maturity of the same, such sinking fund to be levied and 
provided for in compliance with the requirements of such bonds. 

AETICLE IX.— SPECIAL DISTEICTS. 

§ 122. Cities governed by the provisions of this article.] All 
cities and incorporated towns and villages which have heretofore 
been organized under the general school laws, and which are 
provided with a board of education, shall be governed by the 
provisions of this article. Any city, or incorporated, or platted 
town or village, may be constituted a special school district in 
the manner hereinafter prescribed, and shall then be governed 
by the provisions of this article; provided, that any city hereto- 
fore organized for school purposes under a special act, may 
adopt the provisions of this article by a majority vote of the 
voters therein, in the same manner as is provided for the organ- 
ization of a new corporation under the provisions of this article. 

§ 123. Special SCHOOL districts.] Whenever any platted or in- 
corporated city, town or village shall constitute a portion of a 
school district, it may be organized into a special school district, 
alone or with contiguous territory, and the property and indebt- 
edness of such organized school district divided as hereinafter 
provided. 

§ 124. Superintendent shall call election on petition. 
When.] In such cases a petition signed by a majority of the voters 
of such school district, including women who are legal voters, may 
be presented to the county superintendent of schools for the 
division of such school district and the organization of such city, 
town or village, together with such territory contiguous thereto 
as may be described in said petition, into a special school district, 
and setting forth in detail the boundaries of such proposed spe- 
cial district, the manner and terms of the division of the property, 
real and personal, and the indebtedness, bonded or otherwise, 
of such school district as desired by the petitioners, and there- 
upon such superintendent shall within five days call an election 
to be held in such proposed special district, incorporated city, 
town or village, and an election to be simultaneously held in that 
portion of such school district, situated outside of such proposed 
special school district, city, town or village. 



STATE OF NORTH DAKOTA 43 

§ 125. Notice given, election. How held,] Such, superin- 
tendent shall cause notice of each of such elections to be given 
by publishing notice thereof, stating the time and place of hold- 
ing such elections, in a newspaper, published in such school dis- 
trict (if any), and if there is no newspaper published in such 
school district, then by posting three notices of the election to 
be held, in such proposed special school district, city, town or 
village, and in three public places in said district outside of such 
proposed special school district, city, town or village. Such 
notices shall be posted or published not less than fourteen days 
before such election. Such superintendent shall appoint judges 
and clerks of such elections and the same shall be held and con- 
ducted in the same manner, and the polls shall be opened at the 
same time as in other school district elections, and the result of 
such elections shall be certified and delivered to such superin- 
tendent within three days after the close of the polls. 

§ 126. Ballots. How printed.] There shall be printed or 
written on the ballots used at such election the following state- 
ment: "For division of (here state the name of the district to 
be divided) and the division of its property and debts as follows : 
(here state the boundaries of the proposed special school dis- 
trict and the manner and terms of such division as set forth in 
the petition filed)." The voter shall write after such statement 
the word "yes" if in favor of such division, and the word "no" 
if against it. 

§ 127, Superintendent shall notify president op school 
board.] Such superintendent shall thereupon forthwith notify 
the president of the school board of such school district and the 
auditor or clerk of such city, town or village, of the result of such 
elections. 

§ 128. Districts constituted.] If such elections shall each be 
in favor of the division of such school district, such proposed 
special school district, city, town or village shall thereafter con- 
stitute a special school district; and such original school district 
situated outside of such special school district, city, town or vil- 
lage, shall constitute a common school district. 

§ 129. Election for special district and common district.] 
The county superintendent shall thereupon call an election for 
the election of officers of such special school district and common 
school district, of which election notice shall be given for at least 
fourteen days; such elections shall be held as in other cases, in 
common school districts and special school districts, and such 
special school district shall thereafter be subject to all provisions 
of law affecting other school districts. 

§ 130. Division op property.] Such school district and such, 
special scbool district shall thereupon proceed to divide the prop- 
erty iof such original sciiool district according to such, petition 
and shall be bound respectively to pay the indebtedness of such 



44 GENERAL SCHOOL LAWS 

district as provided in such petition, and may make any contracts 
or conveyances necessary to carry into effect all the provisions 
of such petition. 

§ 131. Bonded indebtedness. Tax to be levied to pay.] In 
case such original school district shall have outstanding any 
bonded debt for the payment of which no sufficient levy of taxes 
has been made, the board of education of such special school dis- 
trict and the school board of such school district, shall at the 
time of making the next annual tax levy, levy a tax sufficient to 
pay the interest and also the principal of so much of such bonded 
debt as shall be assumed by said special school district and such 
common school district respectively as the same mature, and 
shall designate the amount of such tax to be collected in each 
year thereafter, and shall certify such levy to the county audit©§, 
who shall thereupon enter and extend upon the tax list in esMi 
year the amount of such tax to be collected in that year. 

§ 132. Bonded debt. Special school district and common 
SCHOOL district TO PAY.] Such special school district and such 
common school district shall provide for and pay according to 
the terms of the bonds, such portion of bonded debt as is assumed 
by it. 

§ 133. Adjacent territory. How attached for school pur- 
poses.] When any special school district has been organized and 
provided with a board of education under any general law, or a 
special act, or under the provisions of this article, territory out- 
side the limits thereof but adjacent thereto may be attached to 
such special school district by the board of education thereof, 
upon application in writing signed by a majority of the voters 
of such adjacent territory; provided, that no territory shall be 
annexed which is at a greater distance than three miles from the 
central school in such special district, except upon petition signed 
by two-thirds of the school voters residing in the territory which 
is at a greater distance than three miles from the central school 
in such special district; and upon such application being made, 
if such board shall deem it proper and to the best interests of the 
school of such corporation and of the territory to be attached, 
an order shall be issued by such board attaching such adjacent 
territory to such corporation for school purposes, and the same 
shall be entered upon the records of the board. Such territory 
shall from the date of such order be and compose a part of such 
corporatioi;! for school purposes only. Such adjacent territory 
shall be attached for voting purposes to such corporation, or, if 
the election is held in wards, to the ward or wards or election 
precinct or precincts to which it lies adjacent; and the voters 
thereof shall vote only for school officers and upon such school 
questions; provided, that nothing in this act shall prevent any 
such adjacent territory from being annexed because of such adja- 
cent territory being in an adjoining county, and provided, that 
the county commissioners may detach any part of such adjacent 



STATE OP NORTH DAKOTA 45 

territory which is at a greater distance than three miles from 
the central school in such special district and attach it to any 
adjacent common or special school district or districts upon peti- 
tion to do so, signed by three-fourths of the legal voters of such 
adjacent territory; provided, further, that in all cases fourteen 
days' notice of a hearing before the board shall be given, by pub- 
lication in the nearest newspaper and posted notices in conspicu- 
ous places, three in the special district, three in the territory 
sought to be annexed, and three in the district remaining from 
which the territory shall be taken. And such territory shall not 
become a part of the special district until five days after such 
hearing, upon order of the board as hereinbefore provided; and 
all assets and liabilities shall be equalized according to section 
217. 

§ 134. Name op body corporate.] Every such district shall 
be a body corporate for school purposes by the name of "The 
Board of Education of the City, town or village (as the case may 

be) of (here insert the corporate name 

of the city, town or village) of the State of North Dakota," and 
shall possess all the powers and duties usual to corporations for 
public purposes or conferred upon it by this article or which may 
hereafter be conferred upon it by law; and in such name it may 
sue and be sued, contract and be contracted with, and hold and 
convey such real and personal property as shall come into its 
possession by will or otherwise ; and it shall procure and keep a 
corporate seal by which its official acts may be attested. 

§ 135. Conveyance op school property. How executed.] Any 
such city or incorporated town or village is authorized and re- 
quired upon the request of the board of education, to convey to 
such board of education all property within the limits of any 
such corporation heretofore purchased by it for school purposes 
and now held and used for such purposes, the title to which is 
vested in any such civil corporation. All conveyances for such 
property shall be signed by the mayor or president of the board 
of trustees or commission and attested by the clerk of such cor- 
poration, and shall have the seal of the corporation affixed thereto 
and be acknowledged by the mayor or president in the same 
manner as other conveyances of real estate. 

§ 136. Special school districts. How organized.] When a 
petition signed by one-third of the voters of a city, incorporated 
or platted toAvn or village, or a school district in which is located 
a city or incorporated or platted town or village entitled to vote 
at such election, is presented to the council, commission or board 
of trustees of such city, incorporated or platted toAvn or village 
or school district, asking that such city, incorporated or 
platted town or village or school district be organized 
as a special school district, such council, commission or 
board of trustees shall within ten days order an elec- 
tion for such purpose, notice of which shall be given. 



46 GENERAL SCHOOL LAWS 

and the election conducted and the returns made in the 
manner provided by law for the annual school election; and the 
voters of such city, incorporated town or village or school dis- 
trict shall vote for or against organization as a special school 
district at such election, 

§ 137. Election op first board op education,] If a majority 
of the votes cast at such election is for organization as a special 
school district, another election shall be called in the same man- 
ner as is prescribed in the foregoing section, at which the voters 
of such city, incorporated town or village or school district shall 
elect five members of the board of education, two of whom shall 
serve until the first annual election, two until the second annual 
election, and one until the third annual election thereafter, and 
until their successors are elected and qualified, and their respec- 
tive terms shall be determined by lot. 

§ 138. Terms op oppice. Quorum.] The board of education 
of each special district shall consist of five members who shall 
be elected by the legal voters thereof and who shall hold their 
office for the term of three years and until their successors are 
elected and qualified, except as provided for first elections under 
this article; and three members shall constitute a quorum for the 
transaction of business at any legal meeting. 

§ 139. Compensation op members. Must not be interested 
in contracts.] Bach member of such board of education shall 
receive a compensation of one dollar and fifty cents for each 
meeting of such board actually attended by him; provided, that 
no compensation shall be allowed for more than one meeting in 
each calendar month. The members shall not be interested, 
directly or indirectly, in any contract for making any improve- 
ments or repairs, or for erecting any building or for furnishing 
any materials or supplies for their district. 

§ 140. Meetings op board.] The annual meeting of such 
board of education shall be held on the second Tuesday in July 
following the annual election, at which time the newly elected 
members shall assume the duties of their office. The board shall 
meet for the transaction of business as often as once in each 
calendar month thereafter and may adjourn for a shorter time. 
Special meetings may be called by the president or in his absence 
by any two members of the board or by giving a personal notice 
to each member of the board or by causing a written or printed 
notice to be left at his place of residence, at least forty-eight 
hours before the time of such meeting. 

§ 141. Organization of board.] At the annual meeting on the 
second Tuesday in July of each year such board of education 
shall organize by electing a president from among its members 
who shall serve for one year; and they shall also elect a clerk, 
not one of their own number, who shall hold his office during the 
pleasure of the board and receive such compensation for his ser- 
vices as shall be fixed by the board. In the absence of the presi- 



STATE OP NORTH DAKOTA 47 

dent at any meeting, a president pro tempore may be elected by 
the board. 

§ 142. Duties of president.] The president shall preside at 
all meetings of the board, appoint all committees whose appoint- 
ment is not otherwise provided for and sign all warrants ordered 
by the board to be drawn npon the treasurer for school moneys 
and perform other acts required by law. 

§ 143. Duties of clerk. Eecords.] The clerk shall keep a 
true record of all the proceedings of the board, take charge of 
its books and documents, countersign all warrants for school 
moneys drawn upon the treasurer by order of the board and affix 
the corporate seal thereto and perform such other duties as the 
board may require. The records, books, vouchers and papers of 
the board shall be open to examination by any taxpayer of the 
district. Such record or a transcript thereof certified by the 
clerk and attested by the seal of the board, shall be received in 
all courts as prima facie evidence of the facts therein set forth. 

§ 144. Powers and duties of board.] Each board of educa- 
tion shall have the power and it shall be its duty : 

1. To establish a system of graded common schools which 
shall be free to all children of legal school age, residing within 
such special district, and shall be kept open not less than seven 
nor more than ten months in any year. 

2. To establish and maintain such schools in its city, town or 
village as it shall deem requisite or expedient and to change or 
discontinue the same. 

3. To establish and maintain a high school, whenever in its 
opinion the educational interests of the corporation demand the 
same, in which such courses of study shall be pursued as shall 
be prescribed or approved by the superintendent of public in- 
struction, together with such additional courses as such board of 
education may thereafter deem, advisable to establish. 

4. To purchase, sell, exchange and hire school houses and 
rooms, lots or sites for school houses, and to fence and otherwise 
improve them as it deems proper. 

5. Upon such lots and upon such sites as may be owned by 
such special district, to build, alter, enlarge, improve and repair 
school houses, outhouses and appurtenances as it may deem ad- 
visable. 

6. To purchase, sell, exchange, improve and repair school ap- 
paratus, text books for the use of the pupils, furniture and ap- 
pendages, and to provide fuel for the schools. 

7. To have the custody of all school property of every kind 
and to see that the ordinances and by-laws of the city or village 
in relation thereto are observed, 

8. To contract with, employ and pay all teachers in such 
schools and to dismiss and remove for cause any teacher when- 
ever the interests of the school may require it ; but any such 
teacher shall be required to hold a certificate to teach, issued by 



48 GENERAL SCHOOL LAWS 

the county superintendent or the superintendent of public instruc- 
tion, and if any such teacher holds only an elementary certificate 
the board may impose such further requirements as the best in- 
terests of the several grades may require. No person who is re- 
lated to any member of the board, by blood or marriage, shall 
be employed as a teacher without the concurrence of the entire 
board. 

9. To employ, should it deem expedient, a competent and dis- 
creet person as superintendent of schools for a period not to 
exceed three years, and to pay such person a reasonable salary; 
sucih superintendent may be required to act as principal or teacher 
in such school. 

10. To defray the necessary and contingent expenses of the 
board, including the compensation of its clerk. 

11. To adopt, alter and repeal, whenever it may deem exped- 
ient, rules and regulations for the reception, organization, grad- 
ing, government and instruction of pupils, their suspension, ex- 
pulsion or transfer from one school to another. But no pupil 
shall be suspended or expelled except for insubordination, habi- 
tual indolence or disorderly conduct; such suspension shall not 
be for a longer period than ten days, nor such expulsion beyond 
the end of the current term of school. 

^ 12. Each member shall visit, at least twice in each year, all 
the public schools in the city or village. 

13. To make a report on July 1st, or as soon thereafter as 
practicable, of the progress, prosperity and condition, financial 
as well as educational, of all the schools under its charge, a copy 
of which, together with such further information as shall be 
required by the superintendent of public instruction, shall be 
forwarded to the county superintendent, the same as reports are 
made by other school districts ; and such report or such por- 
tion thereof as the board of education shall consider advantageous 
to the public, shall be published in a newspaper in the city or 
village, and in cities of over eight hundred inhabitants it may 
be published in pamphlet form. 

14. To admit children of persons not living in such special 
district, and to fix and collect the tuition therefor, if in its judg- 
ment the best interests of the school will permit. 

15. To cause an enumeration to be made annually, of the 
children of school age within such special district, including those 
residing in any territory thereto attached for school purposes, as 
provided for other school districts, and return the same to the 
county superintendent. 

§ 145. School under supervision op wpiom.] The schools of 
each special district shall be under the immediate supervision of 
the board of educatioh or the school superintendent appointed by 
such board. 

§ 146. Treasurer, custodian op school moneys.] All moneys 
from whatever source, which the board of education of any 



STATE OF NORTH DAKOTA 49 

special district shall by law be authorized to receive, shall be paid 
over to the treasurer of the said board and he shall charge the 
same to the proper fund. 

§ 147. ■ Treasurer.] The treasurer of any city, town or village 
comprising a special district shall be treasurer of the board of 
education thereof; provided, however, should the said special 
school district have within its boundaries and be comprised partly 
of territory without the limits of said city, town or . village, 
then the said special school district shall elect, at its regular 
elections, a treasurer in the manner provided by law for the 
election of school district treasurer. 

§ 148. Treasurer. Duties op.] The treasurer of each board 
of education shall keep a true account of the receipts and ex- 
penditures of the various funds separately, and shall prepare 
and submit in writing a quarterly report of the state of the 
finances of the district, and shall, when required, produce at 
any meeting of such board, or any committee appointed for the 
purpose of examining his accounts, all books and papers per- 
taining to his office. He shall safely keep in his possession or 
under his control all school moneys coming into his hands, and 
shall pay out such moneys only upon a warrant signed by the 
president, countersigned by the clerk and attested by the cor- 
porate seal of the board. 

§ 149. Treasurer's bond.] The treasurer of the board shall 
execute a bond to such board, with sufficient sureties to be ap- 
proved by the board, in such sum as such board may from time 
to time require, as near as can be ascertained in double the 
amount of the moneys likely to come into his hands, conditioned 
fo-r the faithful discharge of his duties as treasurer; which bond 
shall be in addition to his bond to the city, town or village. 
In case of the failure of the city, town or village treasurer to 
give such bond within ten days after being required so to do 
by such board of education, such treasurer's office shall become 
vacant and the council or board of trustees of such city, town 
or village shall appoint another person to his place, who shall 
give such additional bonds. 

§150. Taxable property.] The taxable property of the whole 
school corporation including the territory attached for school 
purposes shall be subject to taxation. All taxes collected for 
the benefit of the school shall be paid in money, and shall be 
placed in the hands of the treasurer, subject to the order of the 
board of education. 

§ 151. Annual school tax.] The board of education shall on 
or before the twentieth day of July of each year levy a tax for 
the support of the schools of the corporation, including any 
expenditures allowed by law, for the fiscal year next ensuing, 
not exceeding in any one year thirty mills on the dollar on all 
the real and personal property within the district which is taxable 
according to the laws of this state, the amount of which levy 



50 GENERAL SCHOOL LAWS 

the clerk of the board shall certify to the county auditor, who 
is authorized and required to place the same on the tax roll 
of such county to be collected by the county treasurer as other 
taxes and paid over by him to the treasurer of the board of 
education of whom he shall take a receipt in duplicate, one of 
which he shall file in his office and the other he shall forthwith 
transmit to the clerk of the board of education. 

§ 152. Expenditures. Contracts.] No expenditure involving 
an amount greater than one hundred dollars shall be made 
except in accordance with the provisions of a written contract, 
and no contract involving an expenditure of more than five 
hundred dollars for the purpose of erecting any public buildings 
or making any improvements shall be made except upon sealed 
proposals and to the lowest responsible bidder, after public notice 
for fourteen days previous to receiving such bids. 

§ 153. Board assumes control after equalization op debts 
AND property.] When any board of education shall be organized 
under the provisions of this article, it shall, after the equalization 
hereinafter provided for, assume control of the schools of the 
city, town or village, and shall be entitled to the possession of 
all property of the former district or districts or parts thereof 
lying within such city, town or village, for the use of schools. 
Such board shall also be entitled to its due proportion of all 
moneys on hand and taxes already levied but not collected, and 
shall be liable for a proper amount of the debts and liabilities 
of such former district, to be determined in the manner provided 
in this chapter for the equalization, determination and division 
of debts, property and assets of school districts consolidated or 
divided. 

§ 154. Special district may become part op common school 
district when.] Any special district organized under the general 
school laws and provided with a board of education may become 
a part of the common school district in which it is located, when- 
ever it is so decided by a majority vote of the school electors of 
the city, town or village and of such common school district 
voting at an election called for that purpose. An [election] for 
such purpose shall be ordered and proper notice thereof given 
by the board of education of the special district, and the school 
board of such common school district in the same manner as is 
required for the election of school officers in such district, when 
petitioned by one-third of the voters resident in such district; 
and when so united the determination and division of the debts, 
property and assets shall be made by arbitration as provided in 
this chapter for school districts consolidated or divided. Villages 
not incorporated but heretofore organized under the general 
school laws and provided with a board of education shall become 
a part of the school district in which they are located and the 
determination and division of the property, debts and assets shall 
be made by arbitration as aforesaid. 



state of north dakota 51 

§ 155. Election of boards of education est special districts.] 
On the first Tuesday in June, each year, an election shall be held 
in each special district at which such members of the board of 
education shall be elected at large as shall be necessary to fill 
all vacancies therein caused by expiration of terms of office or 
otherwise, and each member elected shall serve for a term of 
three years commencing on the second Tuesday in July following 
his election and until his successor is elected and qualified except 
when elected to serve an unexpired term. The polls shall be 
open at 9 o'clock a, m. and kept open until 4 o'clock p. m. on 
the day of such election. 

§ 156. Notice of election.] Such election shall be called by 
the board of education of such special district, which shall cause 
notice thereof to be posted or published as required by law for 
the annual election of civil officers in the city, town or village 
comprising such special district; such notice shall be signed by 
the clerk, or, in his absence, by the president of the board of 
education of such district, and shall state the time and place of 
holding such election and what officers are to be elected and 
their terms. 

§ 157. Notice of election, form of.] Such notice shall be 
in substantially the following form: 

Notice is hereby given that on Tuesday, the 

day of June, A. D an annual election will be 

held at (here insert polling place) for the purpose 

of electing the following members of the board of education 

(here insert terms for which they are to be 

elected), for the city, town or village (here 

insert name) and the polls will be open at nine o'clock a. m. and 
closed at four o'clock p. m. of that day. 
By order of the board of education. 

Signed: 

Clerk. 

§ 158. Election PRECINCTS AND officers OF election.] At least 
fourteen days prior to such election the board of education of 
each special district shall designate one polling place and appoint 
two persons to act as judges and two persons to act as clerks. 
Before opening the polls each of such judges and clerks shall 
take an oath that he will perform his duties as judge or clerk 
(as the case may be) according to law and to the best of his 
ability, which oath may be administered by any officer authorized 
to administer oaths or by either of said judges or clerks to the 
others. 

§ 159. Canvass of returns.] Such election shall be conducted, 
the votes canvassed in the manner provided by law for election 
of county officers, and returns shall be made showing the number 
of votes cast for each person for any office, which shall be 
signed by the judges and clerks of election, and the person re- 
ceiving the highest number of votes for each office in the district 



52 GENERAL SCHOOL LAWS 

shall be declared elected, and the returns shall be filed with the 
clerk of the board of education within two days thereafter. 

§ 160. Certificates of election.] The clerk of the board shall 
give to each person elected at such election a certificate stating 
that he was duly elected as a member of the board of education 
and the time he is to take the oath and enter upon the duties of 
his office. Such clerk shall also, within five days, certify to the 
county superintendent of schools the persons so elected and their 
terms. 

§ 161. Oath of office.] Before entering upon the duties of 
his office each person elected or appointed as a member of the 
board of education shall take the oath or affirmation prescribed 
in section 211 of the constitution, which oath shall be filed with 
the clerk of the board. 

§ 162. Vacancies. How filled.] The board of education of 
each city, town or village shall have power to appoint a person 
to fill any vacancy which may occur in the board; and such 
appointee shall hold his office until the next annual school 
election, at which time a person shall be elected to serve for the 
unexpired term ; but if such vacancy shall occur within ten days 
before an annual election, such appointee shajl hold office until 
the annual election in the following year. When any such ap- 
pointment shall be made the clerk shall certify the same to the 
county superintendent. 

§ 163. Bonds, how and when issued.] Whenever the taxes 
authorized by law shall not be sufficient or shall be deemed by 
the board of education to be burdensome, bonds may be issued 
and negotiated for the purpose of raising money to purchase a 
site or to erect suitable buildings thereon, or to fund any out- 
standing indebtedness, or for the purpose of taking up any out- 
standing bonds of the school corporation; provided, that the 
issuance of such bonds shall first be authorized by the voters of 
such special district as hereinafter prescribed. Such bonds shall 
be signed by the president and clerk and attested by the corporate 
seal of the board, shall bear the date of their issue, and be payable 
in not less than five nor more than twenty years from their date, 
at such place as shall be designated upon their face. 

§ 164. Denomination of bonds.] The denominations of the 
bonds which may be issued under the provisions of this article 
shall be fifty dollars or some multiple of fifty, and shall bear 
interest at not more than five per cent per annum, payable semi- 
annually on the first day of January, and July in each year, shall 
show upon their face that they are issued for school purposes, 
and shall be sold at not less than par. Each bond shall have 
endorsed thereon the certificate of the clerk stating that such 
bond is issued pursuant to law and is within the debt limit 
prescribed by the constitution. 

§ 165. Bonds. Election for issuing.] Before issuing any 
such bonds the board of education shall call an election for the 



STATE OP NORTH DAKOTA 53 

purpose of submitting to the voters of the district the question 
of issuing such bonds, notice of which shall be given in the manner 
prescribed by law for giving notice of the annual election for the 
several officers of the city, town or village comprising such special 
district, except that such notice shall be given fourteen days 
before such election. Such election shall be conducted and the 
returns made in the manner provided for the annual election of 
members of the board of education and may be held at the time 
of the annual school election or at any other time named in such 
notice. The notice of such election shall clearly state the amount 
of the bonds proposed to be issued, the time in which they shall 
be made payable, the purpose for which they are to be issued, 
and the time and place such election will be held. At such elec- 
tion the voters shall have written or printed on their ballots ''for 
issuing bonds" or "against issuing bonds," and if a majority of 
the votes cast is for issuing bonds such bonds shall be issued and 
negotiated by such board of education, but if a majority thereof 
is against issuing bonds such bonds shall not be issued, nor shall 
the question be again submitted for one year thereafter except 
for a different amount and then only upon a written petition of 
a majority of the voters of the district. 

§ 166. Bonds to • specify what. Debt limit.] The bonds, 
the issuance of which is provided for in the foregoing section, 
shall specify the rate of interest and the time when the principal 
and interest shall be paid; and no district shall issue bonds in 
pursuance of this article in a sum greater than five per cent 
of its assessed valuation, including other debts. 

§ 167. Levy for interest and sinking fund.] The board of 
education at the time of its annual tax levy for the support of 
schools shall also levy a sufficient amount to pay the interest 
as the same accrues on all bonds issued under the provisions of 
this article, and also to create a sinking fund for the redemption 
of such bonds, which it shall levy and collect in addition to 
the rate per cent authorized by the provisions aforesaid for school 
purposes, and such amount of funds when paid into the treasury 
shall be and remain a special fund for such purpose only, and 
shall not be apportioned in any other way except as hereinafter 
provided. At or before the issuance of any bonds as herein 
provided the board shall by resolution provide for such annual 
levy to pay the interest and to create such sinking fund, and 
such resolution shall remain in force until all such bonds and 
the interest thereon shall have been paid. 

§ 168. Investment of sinking funds. School districts.] All 
moneys raised for the purpose of creating a sinking fund for the 
final redemption of all bonds issued under article 71 of Chapter 
9 of the Civil Code of the state shall be invested annually by 
the board of education of any special school district in this state 
as follows, viz : 

1. In the bonds of this state or of the United States. 



54 GENERAL SCHOOL LAWS 



2. A special school district board may designate one or more 
national or state banks in the county where such special school 
district is situated, as a depositary for such sinking fund, and in 
such case the school board shall advertise for at least fourteen 
days in some newspaper printed within the limits of said special 
school district, if there be one, if not, in the county where said 
school district is situated, for sealed proposals for the deposit 
of the sinking fund of such school district, reserving the right to 
reject any and all bids, and satisfying itself of the responsibility 
of all banks proposing to act as depositaries. Before any bank 
shall be designated as such depositary, it shall present to the 
school board a sealed proposal stating in writing what rate of 
interest will be paid for the deposit of such sinking funds, and 
shall submit to the board for its approval a bond payable to 
the special school district conditioned for the safe keeping and 
repayment of any funds deposited in such bank, which bond 
shall be signed by not less than three freeholders of this state 
as sureties or some surety bond company qualified to do business 
in this state, and such bond to be in the sum required by the 
school board and in no case to be less than double the probable 
amount of the funds to be deposited in such bank. The approval 
of such bond shall be endorsed thereon by the board and deposited 
with the county auditor, and any bank whose bond shall have 
been so approved shall thereupon be designated by the school 
board as a depositary for the sinking fund, and shall continue 
as such until such time as the board shall direct the withdrawal 
of such funds or until such funds are needed for the payment or 
the purchase of bonds as provided in this act. "When the sinking 
fund of any special school district is deposited by the treasurer 
of the board of education of said school district in the name of 
the school district in such depositary, such treasurer and his 
sureties shall be exempt from all liability thereon by reason of 
loss of any such funds from the failure, bankruptcy or any other 
act of any such bank, to the extent only of such funds in the 
hands of such bank or banks at the time of such failure or 
bankruptcy. Such depositary shall furnish to the clerk of the 
board of education of such special school district prior to the 
fifth day of July of each year, a verified statement of the school 
district account with such depositary for the year ending June 
30th, which statement shall show a credit to such deposit account 
of all sums of interest accruing on the sinking fund deposited. 

3. The board of education of any special school district may 
buy and cancel the bonds of such district and pay for the same 
with the moneys in the sinking fund created to pay such bonds. 

4. In first mortgages on farm lands in this state only in the 
following manner, to-wit: 

(a) That said first mortgages and all of them shall run for 
a period of time not to exceed ten years and that the funds so 
invested shall bear interest at a rate not less than six per cent 



STATE OP NORTH DAKOTA 55 



per annum and sueli interest wlien paid shall be covered into and 
become a part of the said sinking fund, 

(b) First mortgage loans shall be made only upon cultivated 
lands within the state, and in no case on lands of which the 
appraised value is less than seven dollars and fifty cents per 
acre, and in sums not to exceed forty per cent of the appraised 
valuation of such lands. Such appraisement to be made by the 
school board of such special school district or by some competent 
person designated by them for the purpose. 

§ 169. Satisfaction and foreclosure op mortgages.] All or 
any of said mortgages may be satisfied at any time after five 
years from the date when made, on payment of the full amount 
due thereon, by any instrument in Meriting executed in the cor- 
porate name of the special school district which shall be the 
payee in all notes taken for loans as herein provided and the 
mortgagee in all mortgages taken. Such instrument to be exe- 
cuted and acknowledged in the same manner as is or may be 
provided for by law for the execution and acknowledgment of 
transfers of real estate by corporations. Such mortgages may 
be foreclosed by advertisement or an action in the name of the 
special school district in any court of competent jurisdiction as 
is now or may be provided by law. 

§ 170. Interest coupons.] When the interest coupons of the 
bonds hereinbefore authorized shall become due they shall be 
promptly paid by the treasurer, upon presentation, out of any 
moneys in his hands collected for that purpose, and he shall 
indorse in red ink upon the face of such coupons the word "paid" 
and the date of payment and sign the initials of his name. 

§ 171. Security for payment of bonds.] The school fund and 
property of such school corporation and territory attached for 
such purposes is hereby pledged to the payment of the interest 
and principal of the bonds mentioned in this article as the same 
may become due. 

§ 172. Bond register.] The clerk of the board of education 
shall register in a book provided for that purpose the bonds is- 
sued under this article, and all warrants issued by the board, 
which register shall show the number, date and amount of such 
bonds and to whom payable. 

§ 173. Refunding bonds. Issuance op.] The board of edu- 
cation of any special or independent school district shall have 
power, whenever two-thirds of the members of such board shall 
deem it necessary for the best interests of such school district, 
to issue bonds for the purpose of refunding any outstanding bonds 
when the same become due. Such bonds shall be issued in de- 
nominations of fifty dollars or some multiple of fifty, and shall 
not exceed in amount the face value of the bonds they are issued 
to replace, and shall not bear a higher rate of interest than five 
per cent per annum, payable semi-annually on the first day of 



56 GENERAL SCHOOL LAWS 

January and July of each year, nor run for a longer period than 
twenty years. 

§ 174. Bonds may be exchanged.] Such refunding bonds 
may be exchanged at par for an equal amount of outstanding 
bonds or may be sold at not less than par value and the proceeds 
applied solely to the payment of the bonds to be refunded, ex- 
cept that any premium that may be received on the sale of such 
bonds shall be kept as a separate fund and used for the payment 
of the interest on such bonds. 

§ 175. Issue of bonds. How governed.] In the issuance of 
such refunding bonds the board of education shall be governed 
by the provisonsof sections 165 to 171. 

§ 176. Surplus funds. How transferred.] Any moneys re- 
maining in the treasury of such school districts, appropriated or 
held for the purpose of paying such bonds so refunded, may, at 
the discretion of the board of education at any time within six 
months after such refunded bonds have been taken up and 
cancelled, be transferred to the building or contingent fund of 
such district. 

ABTICLE X.— INDEPENDENT SCHOOL DISTEICTS. 

§ 177. Independent school districts. How organized.] Any 
city heretofore organized for school purposes under a special law 
and provided with a board of education may become incorporated 
as an independent school district under the provisions of this 
article in the manner following: Whenever one-eighth of the 
legal voters of such city voting at the preceding municipal elec- 
tion shall petition the mayor and council thereof to submit the 
question as to whether such city shall establish an independent 
school district under this article to a vote of the electors in such 
city it shall be the duty of such mayor and council to submit 
such question accordingly and to appoint a time and place or 
places at which such vote may be taken and to designate the 
persons who shall act as judges at such election, but such ques- 
tion shall not be submitted oftener than once in two years. 

§ 178. Notice of election.] The mayor of such city shall 
cause at least fourteen days notice of such election to be given 
by publishing a notice thereof in one or more newspapers within 
such city, but if no newspaper is published therein, then by post- 
ing at least five copies of such notice in each ward or voting pre- 
cinct. 

§ 179. Form of ballots. Eeturns.] The ballots to be used 
at such election shall be in the following form: "For establish- 
ing an independent school district," or ''against establishing an 
independent school district." The judges of such election shall 
make returns thereof to the city council whose duty it shall be 
to canvass such returns and cause the result of such canvass to 
be entered upon the records of such city. If a majority of the 
votes cast at such election shall be for establishing an independ- 



STATE OP NORTH DAKOTA 57 

ent school district, such independent school district shall hence- 
forth be deemed to be organized under this article and the board 
of education then in office shall thereupon exercise the powers 
conferred upon the officers in this article until their successors 
are elected and qualified. 

§ 180. Boundaries of independent districts.] All that portion 
included within the corporate limits of any city, together with 
the additions that are now or may be hereafter attached to such 
city limits shall be constituted and established an independent 
school district to be designated as the "Independent School Dis- 
trict of the City of " and a board of edu- 
cation is hereby established for the same. 

§ 181. Members op board. How elected. Quorum.] Such 
board shall consist of one member from each ward in the city, 
and when the city is divided into an even number of wards, then 
such city shall elect one member of such board at large, and 
when such city is divided into an odd number of wards, such 
city shall elect two members of such board at large. Such mem- 
bers shall hold their office for the term of three years and until 
their successors are elected and qualified. Provided that at the 
first election in independent districts hereafter organized mem- 
bers from even numbered wards shall be elected for a term of 
one year; and members from odd numbered wards for a term of 
two years ; and members at large shall be elected for a term of 
three years. Provided further that in such cities as have hereto- 
fore been organized as independent school districts, the term of 
office for which the members of such independent school dis- 
tricts were elected shall not be changed; but at the first election 
of members at large they shall be elected for a term of three 
years, and the members from even numbered wards shall be 
elected for the term of one year ; and at the first election of mem- 
bers from odd numbered wards, they shall be elected for the 
term of three years and thereafter the term of office of all of said 
members shall be three years. A majority of said board shall 
constitute a quorum for the transaction of business. 

§ 182. Date of election. Canvass op votes.] The election 
referred to in the foregoing shall be held on the third. Monday 
in April of each year, at the usual polling place for municipal 
elections in each ward. The mayor shall have authority and is 
hereby empowered to appoint two judges and one clerk for such 
election, who shall open the polls at the hour of eleven o'clock in 
the forenoon and hold the same open until five o'clock in the 
afternoon of the same day. Such elections shall be conducted 
in all respects and the polls closed and votes canvassed in Ihe 
same manner as municipal elections, and the judges shall have 
the same power and authority in all respects as the judges of 
election for municipal officers, and after the votes are canvassed 
the judges shall make their returns to the city clerk or auditor, 
as the case may be, within twenty-four hours after the polls are 



58 GENERAL SCHOOL LAWS 

closed, and the city council shall canvass such returns and de- 
clare the result within three days thereafter, which result shall 
be entered upon the records of the city, and it shall be the duty 
of the city clerk or auditor to issue certificates of election to the 
persons declared elected. The judges and clerks of election shall 
receive the same compensation for their services as at municipal 
elections for mayor and aldermen. 

§ 183. Vacancies, how filled.] If any vacancy occurs in 
the board for any cause, the remaining members thereof shall 
fill such vacancy by appointment until the next annual election, 
and at such election a new member shall be elected to fill the 
unexpired term. 

§ 184. Style and powers op board.] The board so elected 
shall be a body corporate in relation to all the power and duties 
conferred upon it by this article and shall be styled "The Board 
of education of the Independent School District of the City of 

(here insert the name of the city,)" and 

as such shall have the power to sue and be sued, contract and 
be contracted with, and shalh possess all the powers usual and 
incident to such bodies corporate, and such as shall be herein 
given, and shall procure and keep a corporate seal. At each 
annual meeting of the board the members thereof shall elect 
one of their number president of the board, and when he is 
absent a president pro tempore shall be appointed, who shall 
preside during such absence. The members so elected shall each 
qualify by taking the prescribed oath of ofiice within ten days 
after receiving their certificates of election, and shall assume 
the duties of their office at the annual meeting of the board 
held on the first Tuesday in May of each year. 

§ 185. Eesponsibility op board.] The members of the board 
shall receive no compensation, nor be interested directly or in- 
directly in any contract for building or making any improvements 
or repairs provided by this chapter. They shall have the care 
and custody of all public property in such district pertaining to 
school purposes and the general management and control of all 
school matters. 

§ 186. Meetings of board.] The regular meetings of the 
board shall be held on the first Tuesday of each month, and the 
board may hold special meetings upon notice. The regulax 
meeting may be adjourned for any time shorter than one month. 
Special meetings may be called by the president or in case of his 
absence or inability to act, by any three members of the board as 
often as necessary by giving a personal notice in writing to each 
member of the board or by causing such notice to be left at his 
place of residence at least forty-eight hours before the hour of 
such special meeting. 

§ 187. Secretary, duties op.] Such board shall appoint a 
secretary, who shall hold his office during the pleasure of the 
board and whose compensation shall be fixed by the board. The 



STATE OF NORTH DAKOTA 59 

secretary shall keep a record of the proceedings of the board and 
perform such other duties as the board may prescribe. Such 
record, or a transcript thereof, certified by the secretary and 
attested by the seal of the board, shall be received in 
all courts as prima facie evidence of the facts therein 
set forth; and such records and all books, accounts, 
vouchers and papers of the board shall at all times be 
subject to inspection by the members of such board 
or any committee thereof, or by any taxpayer of the dis- 
trict. For the purpose of economy the board may, if deemed 
advisable, appoint one of its own members secretary. The annual 
report of the secretary shall contain such items as may be re- 
quired by the superintendent of, public instruction, 

§ 188. General powers of board.] The board shall have 
power and it shall be its duty: 

1. To organize and establish such schools in the district as it 
shall deem requisite and expedient, and to change and discontinue 
the same. 

2. To purchase, sell, exchange and lease school houses and 
rooms, lots or sites for school houses, and to fence and improve 
the same. 

3. To build, enlarge, alter, improve or repair school houses, 
outhouses and appurtenances as it may deem advisable upon lots 
and sites owned by the district. 

4. To purchase, sell, exchange, improve and repair school 
apparatus, books for indigent pupils, furniture and appendages 
and provide fuel for schools. 

5. To have the custody and safe keeping of the school houses, 
outhouses, books, furniture and appurtenances, and to see that 
the ordinances of the city council in relation thereto are observed. 

6. To contract with and employ a superintendent and all 
teachers in such schools for a period not to exceed three years, 
and remove them at pleasure. 

7. To pay the salaries of such teachers out of the money 
appropriated and provided by law for the support of common 
schools in such district, so far as the same shall be sufficient, and 
the residue thereof from the money authorized to be raised by 
this article. 

8. To defray the necessary and contingent expenses of the 
board, including the compensation of the secretary. 

9. To have in all respects the superintendence, supervision 
and management of the public schools of such district and from 
time to time to adopt, alter, modify and repeal, as they may 
deem expedient, rules and regulations for their organization, 
grading, government and instruction, for the reception of pupils 
and their transfer from one school to another, for the suspension 
and expulsion of pupils subject to the same restrictions as are 
contained in subdivision 11 of section 144, and generally for 
their good order, prosperity and utility. 



60 GENERAL SCHOOL LAWS 

10. To prepare and report to the city council of the city such 
ordinances and regulations as may be necessary and proper for 
the protection, safe keeping, care and preservation of school 
houses, lots and sites and appurtenances and all the property 
belonging to the district connected with or appertaining to the 
schools within the city limits, and to suggest proper penalties 
for the violation of such ordinances and regulations, and annually, 
on or before the first Monday in July, to determine and certify 
to the county auditor the rate of taxation in its opinion necessary 
and proper to be levied under the provisions of this article, for 
the year commencing on the first day of July thereafter, and 
also at any time to determine how many and what denomination 
of bonds shall be issued and sold to pay the extraordinary outlays 
required. 

§ 189. Powers of board.] The board shall have power and 
it shall be its duty to levy and raise from time to time, by tax, 
such sums as may be determined by the board to be necessary 
and proper for any of the following purposes : 

1. To purchase, exchange, lease or improve sites for school 
houses. 

2. To build, purchase, lease, enlarge, alter, improve and repair 
school houses and their outhouses and appurtenances. 

3. To purchase, exchange, improve and repair school appara- 
tus, books, furniture and appendages. 

4. To procure fuel, to pay janitors and defray the contingent 
expenses of the board, including the expenses of the secretary. 

5. To pay teachers' salaries after the apportionment of public 
moneys which may be by law appropriated and provided for 
that purpose. 

§ 190. Visiting scpiools.] Each member of the board shall 
visit all the public schools in the district at least twice in each 
year of his official term, and the board shall provide that each 
of the schools shall be visited by a committee of three or more 
of their number at least once during such term. 

§ 191. Non-resident pupils.] Such board of education shall 
have power to allow the children not resident in such district to 
attend the schools of such district under the control and care of 
such board, upon such terms as the board shall prescribe, fixing 
the tuition which shall be paid therefor. 

§ 192. Collection op TAX.] The tax to be levied and collected 
as aforesaid by virtue of this article shall be collected in the 
same manner as other county taxes, and for that purpose the 
board of education shall have power to levy and cause to be 
collected such taxes as are herein authorized, and shall cause 
the amount for each purpose to be certified by the secretary 
to the county auditor in time to be added to and put upon the 
annual tax list of the county. And it shall be the duty of the 
county auditor to calculate and extend upon the annual assess- 



STATE OF NORTH DAKOTA 61 

ment roll and tax list the tax so levied by such board, and such 
tax shall be collected as other county taxes are collected. 

§ 193. Amount of tax limited.] The amount raised for 
teachers' salaries and contingent expenses shall be only such as 
together with the public moneys coming to such district from 
the state and county fund and other sources shall be sufficient to 
maintain efficient and proper schools in such district. The taxes 
for the purchasing, leasing or improving of sites, and the building, 
purchasing, leasing, enlarging, altering or repairing of school 
houses shall not exceed in any year twenty mills on the dollar, 
of the assessed valuation of taxable property of the district, and 
the board of education is authorized and directed, when neces- 
sary, to borrow in anticipation, the amount of the taxes to be 
raised, levied and collected as aforesaid. 

§ 194. Authority to issue bonds.] The board of education 
of such district is authorized and empowered, and it is its duty 
whenever the board deems it necessary for the efficient organi- 
zation and establishment of schools, .including the purchase of 
school sites and the construction and furnishing of school houses, 
in such district, and when the taxes authorized by this article 
shall not be sufficient or shall be deemed by the board to be 
burdensome upon the tax payers of the district, from time to 
time to issue bonds of the district in the denomination of fifty 
dollars or some multiple of fifty, payable at a time not to exceed 
twenty-five years after date and bearing interest at a rate not 
to exceed five per cent per annum, payable semi-annually on the 
first day of January and July of each year; and to show upon 
their face that they are issued for the purpose of building or 
furnishing a school house or school houses, purchasing grounds 
on which to locate the same, or to fund any outstanding indebt- 
edness, or for the purpose of taking up any outstanding bonds; 
and the said board of education is authorized to cause the same 
to be sold at not less than par value, and the money realized 
therefrom deposited with the city treasurer to the credit of 
such board of education; and when any bonds shall be so 
negotiated it shall be the duty of the board to provide by tax 
for the payment of the principal and interest of such bonds; 
provided, that at no time shall the aggregate amount of such 
bonds, including all other indebtedness, exceed fifty mills on 
the dollar of valuation of the taxable property of such district, 
to be determined by the last city assessment. 

§ 195. Moneys paid to city treasurer.] All -moneys raised 
pursuant to the provisions of this article and all moneys which 
shall by law be appropriated to or provided for such district, 
shall be paid over to the city treasurer of the city, and the county 
treasurer shall from time to time as he shall receive the county 
school funds, and at least once in each month, on the first Mon- 
day thereof, pay over to such city treasurer the proportion 
■thereof belonging ,to such district; and for that purpose the 



62 GENERAL SCHOOE IjAWS 

board shall have the power to cause all needful steps to be taken 
including census reports or other acts or things, to enable such 
board to receive the school money belonging to such district, as 
fully and completely as though such district formed one of the 
school districts of the county where the same may be situated. 

§ 196. Bond of treasurer.] The city treasurer of such city 
shall give a bond to such board of education in such sum as the 
board shall from time to time require, with two or more sureties 
to be approved by the board, conditioned for the safe keeping of 
the school funds, which shall be in addition to his Other bond; 
and such treasurer and the sureties upon such bond shall be 
accountable to the board for the moneys that come into his hands, 
and in case of failure of such treasurer to give such bond when 
required by the board, or within ten days thereafter, his office 
shall become vacant and the city council shall appoint another 
person in his place. 

§ 197. School funds, how kept and paid out.] All moneys 
required to be raised by virtue of this article shall be paid in 
cash or in warrants hereinafter provided, drawn on the school 
fund only, and such moneys and all moneys received by such 
district for the use of the common schools therein shall be de- 
posited for safe keeping with such city auditor to the credit of 
the board of education, and shall by him be safely kept separate 
and apart from any other funds until drawn from the treasury 
as herein provided. Such treasurer shall pay out the moneys 
authorized by this article only upon warrants drawn by the 
president countersigned by the secretary and attested by the 
seal of such board of education. 

§197%. Investment op sinking funds. School districts.] 
All moneys raised for the purpose of creating a sinking fund 
for the final redemption of all bonds issued under article 71 of 
Chapter 9 of the Civil Code of the state shall be invested annually 
by the board of education of any independent school district in 
this state as follows, viz : 

1. In the bonds of this state or of the United States. 

2. An independent school district board may designate one 
or more national or state banks in the county where such inde- 
pendent school district is situated, as a depositary for such sink- 
ing fund, and in such case the school board shall advertise for 
at least fourteen days in some newspaper printed within the 
limits of said independent school district, if there be one, if not, 
in the county where said school district is situated, for sealed 
proposals for the deposit of the sinking fund of such school dis- 
trict, reserving the right to reject any and all bids and satisfy- 
ing itself of the responsibility of all banks proposing to act as 
depositaries. Before any bank shall be designated as such de- 
positary it shall present to the school board a sealed proposal 
stating in writing what rate of interest will be paid for the de- 
posit of such sinldng funds, and shall submit to the board for 



STATE OP NORTH DAKOTA 63 

its approval a bond payable to the independent school district 
conditioned for the safe keeping and repayment of any funds 
deposited in such bank, which bond shall be signed by not less 
than three freeholders of this state as sureties or some surety 
bond company qualified to do business in this state, and such 
bond to be in the sum required by the school board and in no 
ease to be less than double the probable amount of the funds 
to be deposited in such bank. The approval of such bond shall 
be endorsed thereon by the board and deposited with the county 
auditor, and any bank whose bond shall have been so approved 
shall thereupon be designated by the school board as a deposi- 
tary for the sinking fund, and shall continue as such until such 
time as the board shall direct the withdrawal of such funds or 
until such funds are needed for the payment or the purchase of 
bonds as provided in this act. When the sinking fund of any 
independent school district is deposited by the treasurer of the 
board of education of said school district in the name of the 
school district in such depositary such treasurer and his sureties 
shall be exempt from all liability thereon by reason of loss of any 
such funds from the failure, bankruptcy or any other act of any 
such bank to the extent only of such funds in the hands of such 
bank or banks at the time of such failure or bankruptcy. Such 
depositary shall furnish to the clerk of the board of education 
of such independent school district prior to the fifth day of 
July of each year, a verified statement of the school district 
account with such depositary for the year ending July 30, which 
statement shall show a credit to such deposit account of all 
sums of interest accruing on the sinking fund deposited, 

3. The board of education of any independent school district 
may buy and cancel the bonds of such district and pay for the 
same with the moneys in the sinking fund created to pay such 
bonds. 

§ 198. Expenditures not to exceed revenues.] It shall be 
the duty of the board in all its expenditures and contracts to 
have reference to the amount of money which shall be subject to 
its order during the current year for the particular expenditures 
in question and not to exceed that amount. 

§ 199. Title to property of district.] The title of all prop- 
erty belonging to any such independent school district shall be 
vested in such district for the use of the schools, and the same 
while used and appropriated for school purposes shall not be 
levied upon or sold by virtue of any warrant or execution or 
other process, nor be subject to any judgment or mechanic's lien 
or taxation for any purpose whatever; and the district in its 
corporate capacity may take, hold and dispose of any real and 
personal property transferred to it by gift, grant, bequest or 
devise for the use of common schools for the district, whether 
the same is transferred in terms of such district by its proper 
name or to any person or body for the use of such schools. 



64 GENERAL SCHOOL LAWS 

§ 200. Eeal property. Title, how conveyed.] Whenever 
any property is purchased by the board a conveyance thereof 
shall be taken in the name of such district; and whenever any 
sale of such property is made by the board, a resolution in favor 
of such sale shall first be adopted and spread upon the records 
of the board, and the conveyance of such property shall be exe- 
cuted in the name of such district by the president of the board 
attested by the secretary under the seal thereof, and acknowl- 
edged by such officers. Such president and secretary shall 
have authority to execute conveyances as aforesaid with or with- 
out covenants of warranty on behalf of the district. 

§ 201. Eeport of city treasurer.] It shall be the duty of 
the city treasurer at least fifteen days before the annual election 
for members of such board and as often as called upon by the 
board, to prepare and report to such board a true and correct 
statement of the receipts and disbursements of moneys under 
and pursuant to the provisions of this article, during the pre- 
ceding year, which statement shall set forth under appropriate 
head: 

1. The money raised by the board under section 189. 

2. The school moneys received from the county treasurer. 

3. The money received under section 194. 

4. All moneys received by the city treasurer, subject to the 
order of the board, specifying the sources from which it accrued. 

5. The manner in which all money has been expended, spec- 
ifying the amount under each head of expenditures and the 
board shall at least one week before such election, cause such 
statement to be published in all the newspapers of the city 
which will publish the same gratuitously. 

§ 202. New district to assume debts of old.] School dis- 
tricts created under the provisions of this article shall assume 
all obligations and liabilities incurred by the districts out of 
which they are formed, if old districts are not divided, and a 
proportionate part if divided. 

§ 203. Forfeit for refusal to serve as member op board.] It 
shall be the duty of the clerk of said school board immediately 
after the election of any person as a member thereof, personally 
or in writing, to notify him of his election, and if any person 
shall not within ten days after receiving such notice of election, 
take and subscribe the oath as herein provided and file the same 
with the city auditor, the board may consider it as a refusal to 
serve, and fill the vacancy thus occasioned, and the person so 
refusing shall forfeit and pay to the city treasurer for the bene- 
fit of the schools of such district a penalty of fifty dollars, which 
may be recovered in the name of such city by a civil action. 

§ 204. City council to pass certain ordinances.] The city 
council shall have the power and it shall be its duty to pass such 
ordinances and regulations as the board of education may rec- 
ommend as necessary for the protection, preservation, safe keep- 



STATE OP NORTH DAKOTA 65 



ing and care of the school houses, lots, sites, appurtenances, lib- 
raries, and all necessary property belonging to or connected 
with the schools of the city, and to provide proper penalties for 
the violation thereof, and all penalties shall be collected in the 
same manner that the penalties for violation of city ordinances 
are collected, and when collected shall be paid to the city treas- 
urer and placed to the credit of the board of education, and 
shall be subject to its order as herein provided. 

AETICLE XI.— BOAED OF EDUCATION IN CERTAIN CITIES. 

§ 205. Boards to be elected at laege.] In each city not or- 
ganized under the general law there shall be a board' of educa- 
tion consisting of seven members having the qualifications of 
electors who shall be elected at large by the electors of such 
city qualified to vote at school elections; and, except as may be 
otherwise provided herein for the first election, two members of 
such board shall be elected annually and three triennially at a 
special election to be held on the Tuesday after the first Monday 
in June; provided, that the provisions of this article shall not 
apply to cities existing under a special act or which are now 
under the general school laws. 

§ 206. Term of office.] The term of office of a member of 
the board of education, except as in this article otherwise pro- 
vided, shall be three years and until his successor is elected and 
qualified. 

§ 207. Elections, how conducted.] All elections under the 
provisions of this article shall be called, conducted and the votes 
canvassed and returned in the manner provided by law for gen- 
eral city elections. 

§ 208. Eelatives not eligible as teachers.] No son, wife 
or daughter of any member of the school board shall be elegible 
to a position as a teacher in schools of the district which such 
member represents except upon the consent of all the members 
of such board. 

§ 209. Independent school orgajstizations under special laws 
abolished.] Any independent school district organized for school 
purposes under a special law, which does not include or is not 
included in any city or incorporated town or village organized 
for municipal purposes, shall become a part of the school dis- 
trict in which it is located by the repeal of the special law organ- 
izing or governing such independent district. Any independent 
district organized for school purposes under a special law or 
under any other law than is contained in this chapter, which 
includes or is included in any city or incorporated town or vil- 
lage organized for municipal purposes, shall become a special 
district by the repeal of the special law organizing or governing 
such independent school district. Any school district or special 
district so constituted or constituted in part shall be governed 
by the provisions of this chapter; provided, that nothing herein 



66 GENERAL SCHOOL LAWS 

shall prevent any such independent district from coming under 
the operation of this chapter in the manner therein provided. 

§ 210. Old school officers hold over.] The board of educa- 
tion or other governing board of such independent district shall 
continue to exercise the powers and duties devolving upon it 
under the provisions of such special or other law governing such 
independent district, the same as though such law had not been 
repealed, until the second Tuesday in July following the repeal 
of such special or other law; provided, that all that portion of 
the general school laws which provides for an annual school 
election shall apply to such independent district and shall be in 
full force and effect for the purpose of electing school officers 
at such annual election ; and such officers shall be elected in and 
for the whole school district, including the independent district^ 
or portion of such independent district located therein, or in and 
for the special district, the same as though no law had ever ex- 
isted providing for the organization of such independent dis- 
trict; provided, further, that in a special district formed and 
created as herein provided, a full board of education shall be 
elected as provided by law for first elections, but in school 
districts formed as herein provided by the addition of such 
independent district or portion thereof there shall be elected 
only such officers as are required to fill the regular vacancies in 
the school offices of such school district heretofore organized. 

§ 211. Debts and assets determined by arbitration.] When 
the boundaries of such school district shall have been arranged 
as contemplated in this article, the determination and division 
of consolidation of all debts, property and assets of the several 
portions of such district or districts so consolidated shall be 
made by arbitration as provided by law. 

AETICLE XII.— VACANCIES. 

§ 212. Vacancy in office of superintendent op public instruc- 
tion filled by appointment.] Should a vacancy occur in the 
office of the superintendent of public instruction, the governor 
shall have power and it shall be his duty to fill such vacancy by 
appointment, which appointment shall be valid until the next 
general election and until his successor is elected and qualified. 

§ 213. Vacancy IN office OP COUNTY superintendent.] Should 
a vacancy occur in the office of county superintendent of schools, 
the board of county commissioners of such county shall have 
power and it shall be their duty to fill such vacancy by appoint- 
ment, as provided by law, which appointment shall be valid 
until the next general election. The county auditor shall imme- 
diately notify the superintendent of public instruction of such 
appointment. 

§ 214. Vacancy in office of director or treasurer. How 
filled.] When any vacancy occurs in the office of director or 
treasurer of a school district by death, resignation, removal from 



STATE OP NORTH DAKOTA 67 

the district, or otherwise, the fact of such vacancy shall be imme- 
diately certified to the county superintendent by the clerk of 
the district, and such superintendent shall immediately appoint 
in writing some competent person who shall qualify and serve 
until the next annual school election. The county superintend- 
ent shall at the same time notify the clerk of the school district 
and the county auditor of every such appointment. 

§ 215. Vacancy in office op clerk, how pilled.] Should 
the office of clerk of a school district become vacant, the school 
board shall immediately fill such vacancy by appointment and 
the president of the board shall immediately notify the county 
superintendent and the county auditor of such appointment. 

§ 216. Office, when deemed vacant.] An office of a school 
district shall become vacant by resignation of the incumbent 
thereof, but such resignation shall not take effect until a suc- 
cessor has qualified according to law. Any office of a school 
district shall be deemed vacant if the person duly elected 
thereto shall neglect or refuse for the period of two weeks after 
the beginning of the term for which he was elected, to accept 
and qualify for such office and serve therein. Any school officer 
may be removed from office by a court of competent jurisdiction 
as provided by law, 

AETICLE XIII— EQUALIZATION OF INDEBTEDNESS 

§ 217. Equalization of indebtedness by arbitration.] After 
the boundaries of a school district have been established as pro- 
vided for in this chapter, all school districts or parts of school 
districts that existed as school corporations, or as parts thereof, 
before the taking effect of this code, and that are now included 
in one school district, shall effect an equalization of property, 
funds on hand and debts; or whenever the boundaries of two 
or more districts are re-arranged, all districts affected by such 
change shall effect an equalization of property, funds on hand 
and debts. To effect this, such school board of such corporation 
constituting a school district under the operation of this chapter, 
shall select one arbitrator, and the several arbitrators so selected^ 
together with the county superintendent, shall constitute a board 
of arbitration to effect such equalization. If in any case the 
number of arbitrators, including the county superintendenty 
shall be an even number, the county treasurer shall be included 
and be a member of such board. ,The county superintendent 
shall fix the time and place of such meeting. 

§ 218. Tax to equalize and pay previous debts.] Such 
board shall take an account of the assets, funds on hand, the 
debts properly and justly belonging to or chargeable to each 
corporation, or part of a corporation affected by such change, 
and levy such a tax against each as will in its judgment justly 
and fairly equalize their several interests. 

§ 219. Maximum annual tax levy for such purposes.] 



68 - GENERAL SCHOOL LAWS 

When the amounts to be levied upon the several corporations, 
or parts of corporations mentioned in the preceding section, 
shall be fixed, a list thereof shall be made wherein the amount 
shall be set down opposite each corporation. The whole shall 
be stated substantially in the form herein required for certifying 
school taxes, and addressed to the county auditor, and shall be 
signed by a majority of such board of arbitration; such levy 
shall be deemed legal and valid upon the taxable property oJ 
each corporation; provided, however, that not more than fifteen 
mills thereof shall be extended against such taxable property in 
any one year, and such levy not exceeding fifteen mills on the 
dollar shall be extended as in this section provided from year to 
year, until the whole amount shall be so levied. The county 
auditor shall preserve such levies. and shall extend the several 
rates from year to year, as above required by law for district 
taxes and the taxes shall be collected at the same time and in 
the same manner as other taxes are collected. 

§ 220. Proceeds to be turned over to the respective dis- 
tricts.] Opposite the several descriptions of property on the 
tax list shall be entered the school districts within which it lies, 
and all the proceeds of these equalizing taxes shall be collected 
and shall be paid over to the proper school district within which 
the property is situated. The proceeds of taxes upon parts of 
districts lying outside of the district as at present constituted 
with which they were equalized shall be paid to the treasurer 
of the school district within which the property is situated; the 
same as hereinbefore provided for regular taxes. 

§ 221. Maximum tax levy for all school purposes.] The 
taxes levied for purposes of equalization shall be in addition to 
all other taxes for school purposes; provided, that all taxes for 
school purposes, including such taxes for equalization, shall not 
exceed thirty mills on the dollar in any one year. The provis- 
ions of this article shall apply to and govern all school districts 
and parts of school districts hereafter divided or consolidated 
with each other or with other districts in the divisions, uniting 
for apportionment of their debts and liabilities or property and 
assets. 

AETICLE XIV.— BONDS OF COMMON SCHOOL DISTEICTS. 

§ 222. School bonds, how issued.] Whenever a duly con- 
stituted school district, under the provisions of this chapter, 
excepting special or independent school districts, in any organ- 
ized county in the state at any regular or special meeting held 
for that purpose, shall determine by a majority vote of all the 
qualified voters of such school district present at such meeting 
and voting, to issue school district bonds for the purpose of 
building and furnishing a school house and purchasing grounds 
on which to locate the same, or to fund any outstanding indebt- 
edness or for the purpose of taking up any outstanding bonds, 



STATE OF NORTH DAKOTA 69 

the district school board may lawfully issue such bonds in ac- 
cordance with the provisions of this article. 

§ 223. Notice op election to vote bonds.] Before' the ques- 
tion of issuing bonds shall be submitted to a vote of the school 
district, notices shall be posted in at least three public and con- 
spicuous places in such district, stating the time and place of 
such meeting, the amount of bonds proposed to be issued, rate 
of interest, purpose issued for, and the time in which they shall 
be made payable. Such notices sl^all be poste_d at least fourteen 
days before the meeting, and the voting shall be done by means 
of written or printed ballots, and all ballots shall be prepared 
before the opening of the polls and shall be in substantially the 
following form: 

For issuing bonds in the sum of $ at per 

cent., to run years. 

Yes I" I 



No 



and if a majority of the votes cast shall be in favor of issuing 
bonds the school board, through its proper officers, shall forth- 
with issue bonds in accordance with such vote; but if a majority 
of all votes cast are against issuing bonds then no further action 
can be had and the question shall not be again submitted to a 
vote for one year thereafter, except for a different amount; 
provided, that the question of issuing bonds shall not be sub- 
mitted to a vote of the district, and no meeting shall be called 
for that purpose until the district school board shall have been 
petitioned in writing by at least one-third of the voters of the 
district. 

§ 224. Bonds, denomination of. Interest. Limit op issue.] 
The denominations of the bonds which may be issued under 
the provisions of this article shall be fifty dollars or some multi- 
ple of fifty, and shall bear interest at a rate not exceeding five 
per cent per annum, payable semi-annually on the first day of 
January and July in each year, in accordance with interest 
coupons which shall be attached to such bonds; provided, that 
the amount of bonds including all other indebtedness shall not 
exceed five per cent of the assessed valuation of the school dis- 
trict and may be made payable in not less than ten or more than 
twenty years from their date. 

§ 225. Bonds, record op to be kept.] Whenever any bonds 
are issued under the provisions of this chapter they shall be 
lithographed or printed on bond paper and shall state upon their 
face the date of their issue, the amount of the bonds, to Avhom 
and for what purpose issued, also the time and place of payment, 
and the rate of interest to be paid. They shall have printed 
upon the margin the words ''Authorized by Article 14 of chapter 
of the Session Laws of North Dakota of 1911." Imme- 
diately after the issuing of school bonds pursuant to this chap- 



70 GENERAL SCHOOL LAWS 

ter the clerk of the school district so issuing its bonds shall file, 
with the county auditor of the county in which such district is 
situated, certified copies of all the proceedings had in such dis- 
trict relative to the issuing of such bonds and also a statement 
of the amount of the indebtedness of such school district; and 
before any of the bonds are disposed of they shall be presented 
to the county auditor of the county in which the school district 
issuing the same is situated. He shall carefully examine the 
records of the proceedings of such school district upon the 
question of issuing such bonds as the same are filed 
with him as hereinbefore directed, and shall satisfy himself by 
the evidence thus furnished, whether or not all the laws of the 
state relative to the issuing of such bonds have been complied 
with. If satisfied that they have been and that the bonds in 
question have been legally issued, he shall in a book kept for 
such purpose, preserve a register of each bond showing in sep- 
arate columns the name of the school district issuing the bonds, 
the number of such bonds, the denomination thereof, the date 
of their issue, the date when they will mature, the names of the 
school officers executing the same and such other facts as may 
be pertinent and he shall then indorse on each of such bonds the 
following certificate : 

State of North Dakota, ^ 

^ss: 
County of J 

I, - , County auditor, do hereby 

certify that the within bond is issued pursuant to law and is 
within the debt limit prescribed by the constitution of the state 

of North Dakota, and in accordance with the vote of 

school district at a 

(regular or special) meeting held on the -day 

of A. D., 19 to issue bonds to 

the amount of dollars, and is a legal 

and valid debt of such school district; that such bonds are fully 
registered in this office and that such school district is legally 
organized and the signatures affixed to such bonds are the gen-" 
uine signatures of the proper officers of such school district. 

The blanks shall be filled according to the facts, and the cer- 
tificate officially signed by the county auditor and attested by 
his official seal. Such bonds shall be signed by the president 
and clerk of the school board and shall be registered in a book 
to be kept by the clerk for that purpose, in which shall be entered 
the number, date and name of the person to whom issued and 
the date when the same will become due. 

§ 226. Sinking fund and interest tax.] In addition to the 
amount that may already be assessed under existing laws there 
shall be levied annually, upon the taxable property of the school 
district so issuing bonds at or before their issuance and collected 
as other taxes are collected, a sum sufficient to pay interest upon 



STATE OF NORTH DAKOTA 71 

such bonded indebtedness, and in like manner a further annual 
tax to create a sinking fund that will at the maturity of such 
bonds be sufficient to pay the principal thereof, and said sinking 
fund shall be used for no other purpose, except that whenever 
there are sufficient funds on hand, belonging to such sinking 
fund, the school board may in its discretion, purchase any of the 
outstanding bonds at their market value and pay for the same 
out of such sinking fund; provided, that the school district 
board may designate one or more national or state banks in its 
county for a depositary for such sinking fund; and in such case 
the school board shall advertise for at least two Aveeks in some 
newspaper printed in the county for sealed proposals for the 
deposit of the sinking fund of such school district, reserving the 
right to reject any and all bids and satisfying itself of the re- 
sponsibility of all banks proposing to act as depositaries. Before 
any bank shall be designated as such depositary, it shall present 
to the school board a sealed proposal stating in writing what 
rate of interest will be paid for the deposit of such sinking fund, 
and shall submit to the board for its approval, a bond payable 
to the school district conditioned for the safe keeping and re- 
payment of any funds deposited in such bank, which bond shall 
be signed by not less than three freeholders of the county or 
by a surety company as surety, such bond to be in the sum 
required by the school board but in no case less than double 
the probable amount of funds to be deposited in such bank. The 
approval of such bond shall be indorsed thereon by the board 
and deposited with the county auditor, and any bank whose 
bond shall have been so approved shall thereupon be designated 
by the school board as a depositary for the sinking fund, and 
shall continue as such, until such time as the board shall read- 
vertise for bids as aforesaid, and new depositaries are desig- 
nated and qualified, or until such funds are needed for the pay- 
ment or purchase of bonds as provided in this section. When 
the sinking fund of any school district is deposited by the dis- 
trict treasurer in the name of the school district in such deposi- 
tary, such treasurer and his sureties shall be exempt from all 
liability thereon by reason of loss of any such funds from the 
failure, bankruptcy or any other act of any such bank, to the 
extent only of such funds in the hands of such bank or banks 
at the time of failure or bankruptcy. Such depositary shall fur- 
nish to the school district clerk prior to the fifth day of July of 
each year, a verified statement of the school district's account, 
with such depositary for the year ending June thirtieth, which 
statement shall show a credit to such deposit account of all sums 
of interest accruing on tlie sinking fund deposited. 

§ 227. Bonds, how negotiated.] When any bonds shall be 
issued under the provisions of this article, the county treasurer 
shall have authority to negotiate and sell such bonds for not less 
than par, and the said district treasurer shall apply the pro- 



72 GENERAL SCHOOL LAWS 

ceeds arising from the sale of such bonds only for the purpose 
of building and furnishing a school house and purchasing grounds 
on which the said school house shall be located, or to fund any 
outstanding indebtedness, according to the express purpose for 
which such bonds were authorized by the voters, as provided in 
section 222 of this chapter. 

§ 228. County auditor may levy tax to pay bonds." When.] 
When any school board neglects or refuses to levy a tax in ac- 
cordance with law to meet outstanding bonds or the interest 
thereon, the county auditor shall have power to levy such tax 
and when collected to apply the proceeds to the payment of such 
coupons and bonds. 

§ 229. Cancelled bonds, record op.] When the bonds of 
any school district shall have been paid by the school board 
they shall be cancelled by writing or printing in red ink the 
words ''cancelled and paid" across each bond and coupon and 
the date of payment and amount paid shall be entered in the 
clerk's register against the proper number of the bonds and 
bonds so cancelled shall be filed in the office of the district clerk 
until all the outstanding bonds are paid, when they shall be 
destroyed in the presence of the full board. 

§ 230. Proposals for building school houses.] When any 
school house is built with funds provided for in the manner 
herein authorized, the school board shall advertise at least thirty 
days in some newspaper printed in the county or by posting 
notices for the same length of time in at least three of the most 
public and conspicuous places if no newspaper is published in 
the county for sealed proposals for building such school house 
in accordance with plans and specifications furnished by the 
school board, reserving the right to reject any and all bids, and 
if any of the proposals shall be reasonable and satisfactory such 
board shall award the contract to the lowest responsible bidder 
and shall require of such contractor a bond in double the amount 
of the contract, conditioned that he will properly account for all 
money and property of the school district that may come into 
his hands and that he will perform the conditions of his con- 
tract in a faithful manner and in accordance with its provisions ; 
and in case all the proposals are rejected, such board shall ad- 
vertise anew in the same manner as before until a reasonable bid 
shall be submitted. 

§ 231. Provisions of this article. How applicable.] The 
provisions of this article shall be applicable to and authorize 
the issuance of bonds by such school districts as have already 
built school houses and issued orders or warrants therefor, and 
any such school district may vote to bond the indebtedness in- 
curred by reason of building and furnishing a school house and 
purchasing a site for the same and bonds may be issued in the 
same manner as hereinbefore provided for building and furnish- 
ing school houses.. 



STATE OF NORTH DAKOTA 73 

ARTICLE XV.— COMPULSORY EDUCATION AND 
MEDICAL INSPECTION. 

§ 232. School age. Who exempt from compulsory attend- 
ance.] Every parent, guardian or other person who resides in 
any school district or city and who has control over any child 
of or between the ages of eight and fifteen shall send every 
such child to a public school in each year during the entire time 
the public schools of such district or city are in session; and 
every parent, guardian or other person having control of any 
deaf, blind, or feeble minded child or youth between the ages of 
seven and twenty-one years of age shall be required to send such 
deaf child to the school for the deaf at the city of Devils Lake 
for the entire school year, unless excused by the superintendent 
or principal of such school, such blind child to the school for 
the blind at Bathgate for the entire school year, unless excused 
by the superintendent or principal of such school, and such 
feeble-minded child to the institution for the feeble-minded at 
■Grafton; provided, that such parent, guardian or other person 
having control of any child shall be excused from such duty by 
the school board of the district or by the board of education 
of the city or village whenever it shall be shown to their satis- 
faction, subject to appeal as provided by law, that one of the 
• following reasons therefor exists : 

1. That such child is taught for the same length of time in a 
parochial or private school, approved by the county superin- 
tendent of schools, subject to the appeal to the superintendent 
of public instruction; that no school shall be approved by the 
€Ounty superintendent of schools or superintendent of public 
instruction unless the branches usually taught in the common 
schools are taught in such schools. 

2. That such child is actually necessary to the support of the 
family. 

3. That such child has already acquired the branches of learn- 
ing taught in the public schools. 

4. That such child is in such a physical or mental condition 
(as declared by a licensed physician, if required by the board) 
as to render such attendance inexpedient or impracticable. 

If no school is taught the requisite length of time within two 
and one half miles of the residence of such child by the nearest 
route, such attendance shall not be enforced, except in eases of 
consolidated schools where transportation may be arranged by 
the school board; provided, that in districts where children live 
beyond the two and one-half mile limit and school facilities are 
not otherwise provided, the district board shall provide trans- 
portation for such children to and from school. In districts 
having consolidated schools where transportation is arranged 
for by the school board, or in other districts providing transpor- 
tation, attendance shall be required of pupils residing within 
five miles of such school or schools; but this provision shall not 



74 GENERAL SCHOOL LAWS 

apply to deaf, blind or feeble-minded children in this state; pro- 
vided, further, that this section shall not be construed to apply 
to parents, guardians or other persons having control of any 
child or children between the ages of eight and fifteen who de- 
sire to send such child or children for a total period of not ex- 
ceeding six months, which may be taken in one or more years, 
to any parochial school for the purpose of preparing such child 
or children for certain religious duties. 

§ 233. Schools equally free and accessible.] The public 
schools provided for in this chapter shall be at all times equally 
free, open and accessible to all children over six and under 
twenty-one years of age residing in the district. 

§ 234. Penalty.] Any such parent, guardian or other person 
failing to comply with the requirements of the foregoing sec- 
tions, shall upon conviction thereof be deemed guilty of a mis- 
demeanor, and shall be fined in a sum not less than five nor more 
than twenty dollars for the first offense and not less than ten 
dollars nor more than fifty dollars for the second and every 
subsequent offense, with costs in each case. 

§ 235. Prosecution for neglecting this duty.] It shall be 
the duty of the superintendent or principal of schools in any 
city, town or village, or the teacher of any district school, or 
the county superintendent of schools for children that are deaf, 
blind or feeble-minded, to inquire into all cases of negligence of 
the duty prescribed in this article and to ascertain from the per- 
son neglecting to perform such duty the reason therefor, if any, 
and in common school districts notify the county superintendent 
of schools of such neglect; the said county superintendent, upon 
proper presentation of facts, shall lay the complaint before the 
state's attorney, whose duty it will be to proceed forthwith to 
secure the prosecution for any offense occurring under this arti- 
cle. In special or independent districts the superintendent or 
principal of schools shall lay the complaint before the state's 
attorney who shall proceed as above ; provided, further, that the 
board of education or district school board in any city or school 
district of over five hundred inhabitants may employ a truant 
officer who shall perform the duties implied in this section. 

§ 236. Medical inspection of schools.] The board of any 
school corporation may employ one or more physicians as medi- 
cal inspector of schools. It shall be the duty of the medical 
inspector to examine, at least once annually, all children enrolled 
in the public schools of the district, except those who present 
a certificate of health from a licensed physician, and to make 
out suitable records for each child, one copy of which shall be 
filed with the county or city superintendent of schools. Notice 
of physical defects of abnormal or diseased children shall be 
sent to the parents, with recommendations for the parent's guid- 
ance in conserving the child's health. The medical inspector 
shall co-operate with state, county and township boards of 



STATE OP NORTH DAKOTA 75 

health in dealing with contagions and infectious diseases and 
to secure medical treatment for indigent children. It shall be 
the duty of the county and city superintendents of schools to 
co-operate with school boards in promoting medical inspection. 
He may arrange schools by groups, especially in the rural dis- 
tricts, for the purposes of inspection, and shall advise school 
boards with a view to securing the most efficient and economical 
administration of this law. The school board or board of edu- 
cation shall furnish all blanks and other needed supplies for this 
purpose. 

AETICLE XVI.— FINES, FOEFEITUEES AND PENALTIES. 

§ 237. Penalty for neglect of duty by school director, treas- 
urer OR CLERK.] Each person duly elected to any school district 
office, who, having entered upon the duties of his office, shall neg- 
lect or refuse to perform any duties required of him by the pro- 
visions of this chapter, shall upon conviction be fined in the 
sum of ten dollars and his office shall be deemed vacant. 

§ 238. Penalty for false election returns.] Any judge or 
clerk of election, school district clerk or county auditor who wil- 
fully violates the provisions of this chapter in relation to elec- 
tions or who wilfully makes a false return shall upon conviction 
be deemed guilty of a felony. 

§ 239. Speculation in office prohibited.] No school officer 
shall personally engage in the purchase of any school bonds or 
warrants nor shall any such officer be personally interested in 
any contract requiring the expenditure of school funds except 
for the purchase of fuel and the procuring of insurance and 
such supplies as are in daily use, but not including furniture, 
or the expenditure of funds appropriated by the state, county, 
school corporation or otherwise, for any special purpose con- 
nected with his office. Any violation of this section shall be a 
misdemeanor. 

§ 239A. Penalty for unlawful drawings of school money.] 
Any person who draws money from the county treasury, who is 
not at the time a duly qualified treasurer of the school corpora- 
tion for which he draws the money and authorized to act as 
such, shall be guilty of a misdemeanor and shall upon convic- 
tion thereof be punished by a fine of not less than twenty-five 
dollars. 

§ 239B. Use OF SCHOOL FUNDS. When embezzlement.] Each 
treasurer who shall loan any portion of the money in his hands 
belonging to any school district, whether for consideration or 
not, or who shall expend any portion thereof for his own or any 
other person's private use, is guilty of embezzlement, and no 
such treasurer shall pay over or deliver the school money in his 
hands to any. officer or person or to any committee to be ex- 
pended by him or them; but all public funds shall be paid out 
only by the proper treasurer as hereinbefore provided. 



76 GENERAL SCHOOL LAWS 

§ 239C. Action to recover money when treasurer fails to 
PAY OVER.] If any person shall refuse or neglect to pay over any 
money in his hands as treasurer of a school district to his succes- 
sor in office his successor must, without delay, bring action upon 
the official bond of such treasurer for the recovery of such money. 

§ 239D. Penalty. When indorsement op unpaid warrants 
is not made.] Any violation by a district treasurer of the pro- 
visions of this chapter requiring indorsement of warrants not 
paid for want of funds, and the payment thereof in the order 
of presentation and indorsement is a misdemeanor punishable by 
a fine not exceeding one hundred dollars. 

§ 240. Penalty for false reports.] Each school officer who 
wilfully signs or transmits a false report to the county super- 
intendent or wilfully signs, issues or publishes a false statement 
of facts purporting or appearing to be based upon the books, 
accounts or records, or of the aifairs, resources and credit of the 
district shall upon conviction be punished by a fine not exceeding 
fifty dollars or by imprisonment in the county jail not exceeding 
fifteen days. 

§241. Penaltyfor WILFUL disturbance of school.] Each per- 
son whether pupil or not, who wilfully molests or disturbs a 
public school when in session or who wilfully interferes with 
or interrupts the proper order of management of a public school 
by act of violence, boisterous conduct or threatening language, 
so as to prevent the teacher or any pupil from performing his 
duty, or who shall in the presence of the school children upbraid, 
insult or threaten the teacher, shall upon conviction thereof be 
punished by a fine not exceeding twenty-five dollars or by im- 
prisonment in the county jail for a period not exceeding ten 
days, or by both. 

§ 242. Proposals for contracts.] No contract except for 
teacher's salary, professional services, janitors' wages, or school 
text books involving the expenditure of school funds or money 
appropriated for any purpose relating to the educational system 
of this state, or any county, district or school corporation there- 
in, when the amount exceeds one hundred dollars, shall be let 
until proposals are advertised for a period of ten days, and after 
such advertisement, only to the lowest responsible bidder. Any 
violations of this section shall be a misdemeanor. 

ARTICLE XVII.— STATE BOAED OF EXAMINEES. 
EXAMINATIONS AND CEETIFCATES. 

§ 243. Board op examiners.] A state board of examiners is 
hereby created consisting of the state superintendent of public 
instruction, who shall be secretary thereof, and four other per- 
sons actively engaged in educational work in this state who shall 
be appointed by the governor each for a term of four years, pro- 
vided that the term of the first board shall be : two members for 
a period of four years and two members for a period of two years, 



STATE OF NORTPI DAKOTA 77 

the length of the term of the appointive members to be designat- 
ed by the governor in making the appointments. 

§ 244. Organization.] Within fifteen days of the date of 
their appointment the members shall meet at the state capitol 
and organize. The board shall annually elect one of its members 
president. Three of said members shall constitute a quorum. 
The board shallmeet annually on the first Monday in July and 
at such other times as may be deemed necessary for the proper 
transaction of business, upon the call of the president or secre- 
tary. 

§ 245, Compensation.] Each appointive member of the board 
shall receive as full compensation for his services the sum of 
five dollars per day for each day necessarily and actually em- 
ployed in the discharge of his duties and in addition thereto his 
actual and necessary traveling expenses. 

§ 246. Annual report.] The board shall, on or before the 
first day of November of each year, make a report to the gover- 
nor covering the school year ending June 30th, preceding, set- 
ting forth in detail all its official transactions. 

§ 247. Duties.] The state board of examiners shall prepare 
or cause to be prepared all questions for examinations for all 
certificates to teach in this state, and shall prescribe the rules 
and regulations governing the same, shall examine, mark and 
file all answer papers for all certificates or cause the same to be 
done, and shall issue all certificates to teach in the public schools 
of this state. 

§ 248. Certificates.] There shall be four regular grades of 
certificates issued by the board of examiners. These shall be 
issued only to persons of good moral character who fulfill all 
the requirements specified by law and by the rules and regula- 
tions of the board, viz : 

(1) The second grade elementary certificate. 

(2) The first grade elementary certificate. 

(3) The second grade professional certificate. 

(4) The first grade professional certificate. 

§ 249. Second grade elementary certificate.] The second 
grade elementary certificate shall be granted to those person* 
over eighteen years of age who are found proficient in the fol- 
lowing subjects: reading, arithmetic, language and grammar, 
geography, United States history, physiology and hygiene (in- 
cluding physical culture), civil government, pedagogy, and any 
one of the following named subjects: music, drawing, agri- 
culture, nature study, domestic science, manual training; pro- 
vided, that the board of examiners may in their discretion spe- 
cify which of the above subjects may be required. The profici- 
ency of the applicants in spelling and writing will be determined 
from the papers submitted by the applicants. The second grade 
elementary certificate shall be valid for two years in any county 
in the state when recorded by the county superintendent of 



78 GENERAL SCHOOL LAWS 

schools. It shall qualify the holder to teach in any grade in rural 
and graded schools up to and including the eighth grade, and 
may be renewable by the county superintendent of schools under 
rules prescribed by the board of examiners. 

§ 250. First grade elementary certificate.] The first grade 
elementary certificates shall be granted to those persons over 
twenty years of age who have had at least eight months exper- 
ience in teaching and who, in addition to those subjects required 
for a second grade elementary certificate, are found proficient 
in elements of psychology and four of the following subjects of 
secondary grade : elementary algebra, plane geometry, physics, 
physical geography, botany, the elements of agriculture, nature 
study, manual training, domestic science and American litera- 
ture. The first grade elementary certificate shall be valid for 
three years in any county in the state when recorded by the 
county superintendent of schools. It shall qualify the holder to 
teach in any grade in any school in the state up to and including 
the eighth grade and in the ninth grade of schools doing not 
over one year of high-school work, and may be renewable by the 
county superintendent of schools under rules prescribed by the 
board of examiners. 

§ 251. Second grade professional certificate.] The second 
grade professional certificate shall be granted to those persons 
who are at least twenty years of age and who have had at least 
nine months experience in teaching and have the quali- 
fications necessary for a first grade elementary certifi- 
cate, and who in addition are found proficient in the 
following subjects of advanced grade: (1) psychology, 
(2) the history of education, (3) the principles of edu- 
cation, (4) school administration, (5) methods in elementary 
subjects, (6) rhetoric and composition, (7) American or English 
literature, (8) Ancient, English or American history, (9) some 
one natural science (which may include agriculture), (10) higher 
algebra, solid geometry, manual training or domestic science. 
The second grade professional certificate shall legally qualify the 
holder to teach in any of the common, graded or high schools 
of the state, except in the high school departments of schools 
doing four years of high school work. It shall be valid for a 
period of five years and shall be renewable in the discretion of 
the board for a period of years or for life. 

§ 252. First grade professional CERTIFICATE.] The first grade 
professional certificate shall be granted to those persons who 
have substantially the equivalent of a college education, and 
who have had at least eighteen months' experience in teaching. 
They shall have all the qualifications necessary for a second grade 
professional certificate, and in addition thereto, be found profi- 
cient in the following subjects: (1) foreign language, (2) a 
natural science other than the one presented for the second 
grade professional certificate, (3) ethics, logic or sociology, (4) 



STATE OF NORTH DAKOTA 79 

political science, economics or domestic science, (5) any two 
subjects of college grade listed for the second grade professional 
certificate and not previously offered by the applicant. The 
first grade professional certificate shall qualify the holder to 
teach in all the common, graded and high schools of the state, 
and shall be valid for five years, or for life. 

§ 253. Special certificates.] The board may grant special 
certificates authorizing the holders to teach in any of the com- 
mon graded or high schools, (1) drawing, (2) music, (3) kinder- 
garten, or (4) primary subjects, to teachers holding at least a 
second grade elementary certificate. Special certificates to 
teach (1) agriculture, (2) commercial subjects, (3) domestic 
science, or (4) manual and industrial training in the common, 
graded or high schools of the state, may be issued to applicants 
who possess qualifications- equivalent to those required for a 
second grade professional certificate. The applicant for a spe- 
cial certificate must satisfy the board by examination or other- 
wise of his proficiency in the subject which the holder is author- 
ized to teach. Special certificates shall be valid for such a term 
of years as the board shall prescribe. 

§ 254. Diplomas accredited.] The diplomas granted on the 
completion of the four-year curriculum of Teachers College of 
the University of North Dakota, shall be accredited as a first 
grade professional certificate for two years, and after the holder 
has had nine months successful experience in teaching, satis- 
factory evidence of which having been filed with the board, 
such diploma shall entitle the owner to a first grade professional 
certificate for life. 

(2) The diploma from the advanced, or five year curriculum 
of the state normal schools, or its equivalent, the two-year cur- 
riculum for high school graduates, shall be accredited as a sec- 
ond grade professional certificate for two years, and after the 
holder has had nine months successful experience in teaching 
satisfactory evidence of which having been filed with the board, 
such diploma shall entitle the holder to a second grade profes- 
sional certificate valid for life. 

(3) The diploma from the four-year curriculum of the state 
normal schools or its equivalent, the one-year curriculum for 
high school graduates shall be accredited as a professional certi- 
ficate of the second grade for two years, and, after the holder 
has had nine months successful experience in teaching, satisfac- 
tory evidence of which having been filed with the board, shall 
entitle the holder to a second grade professional certificate, 
valid for five years, which certificate shall be renewable in the 
discretion of the board. 

(4) The certificate of completion issued by the state normal 
schools to those who complete the ten-and-one-half months' cur- 
riculum of the state normal schools shall entitle the holder to a 
second grade elementary certificate. 



80 GENERAL SCHOOL LAWS 

§ 255. Other diplomas accredited.] Diplomas from institu- 
tions within or without the state shall be accredited, and pro- 
fessional certificates issued thereon upon the following basis: 
(a) the bachelor's diploma from a college of recognized stand- 
ing shall be valid for a period of two years, after its presenta- 
tion to the board, as a first grade professional certificate, pro- 
vided, that the diploma implies at least two year courses, or 
sixteen semester hours, of professional preparation for teaching, 
or in lieu of such professional study, that the holder of the diplo- 
ma has had three years successful experience in teaching or in 
administering schools after receiving such diploma; and after 
the holder has had nine months of successful experience in teach- 
ing, after the presentation of such diploma, satisfactory evidence 
of such experience having been filed with the board, he shall be 
•entitled to a first grade professional certificate which shall be 
valid for five years and which shall be renewed for life upon 
satisfactory evidence of successful experience for five years. 

(b) The diploma or certificate from institutions whose cur- 
riculum is the equivalent of the four year or the five year cur- 
riculum of the state normal schools shall be valid for two years 
as a second grade professional certificate, provided, that the 
diploma or certificate implies at least two year courses, or six- 
teen semester hours, of professional preparation for teaching or, 
in lieu of such professional study, that the holder of the diploma 
has had three years of successful experience in teaching or in 
administering schools after receiving such diploma; and after 
the holder of such diploma has had nine months of successful 
•experience, in teaching after receiving such diploma, satisfac- 
tory evidence of such experience having been filed with the 
board, he shall be entitled to a second grade professional certi- 
ficate valid for five years or for life respectively. 

§ 256. Permits.] A college graduate without experience or 
the required professional preparation may, for reasons satis- 
factory to the board, be granted a permit, or probationary certi- 
ficate, valid until such time, not to exceed six months, as shall 
be set by the board for his examination on the professional sub- 
jects, when, if successful he may be granted a certificate, valid 
for a term of years or for life. Permits to teach till the next 
regular examination may be granted by the county superin- 
tendent of schools to any person applying at any time other than 
the regular examination, who can show satisfactory reasons for 
not attending the previous examination and satisfactory evi- 
dence of qualification, subject to the rules and regulations of 
the board. 

§ 257. Accredited work.] The board of examiners shall be 
authorized to accredit, under its rules and regulations, the spe- 
•cific marks or standings given in high schools, summer schools, 
normal schools and the other institutions of this state, when 



STATE OF NORTH DAKOTA ' 81 

upon investigation it deems such standings good evidence of pro- 
ficiency in the subjects specified. 

§ 258. High school diplomas.] Diplomas from high schools 
during four years work granted to graduates who have had psy- 
chology, pedagogy, and two senior-review subjects shall be ac- 
credited as second grade elementary certificates; and if within 
two years from the date of the diploma the holder has had at 
least eight months' successful experience in teaching, he shall 
be entitled to a first grade elementary certificate. 

§ 259. Examination conducted by county superintendent.] 
Under the direction of the state board of examiners, the county 
superintendent shall hold a public examination of all persons 
over eighteen years of age oft'ering themselves as applicants for 
teachers' certificates, at the most suitable place or places in the 
county on the second Thursday and Friday in February, May 
August, and November of each year, and when necessary such 
examination may be continued on the following day. He shall 
examine them by a series of written or printed questions, ac- 
cording to the rules prescribed by the state board of examiners. 
The county superintendent shall forward all answer papers 
submitted by applicants immediately after the close of the ex- 
amination to the state board of examiners, for examination, 
marking, filing and recording. The state board of examiners by 
its president and secretary shall grant to each applicant a cer- 
tificate of qualification, if from the percentage of correct answers 
required by the rules, said applicant is found to possess the 
requisite knowledge and understanding to teach, in the common 
schools of the state, the various branches required by law; pro- 
vided, that sufficient evidence is furnished that the candidate is 
a person of good moral character, has had successful experience, 
if any, and possesses an aptness to teach and govern. 

§ z60. Papers to be kept on file. Appeals.] The written 
answers of applicants for elementary certificates, after being 
duly examined under the direction of the state board of exam- 
iners, shall be kept on file in the office of theS secretary of the 
board of examiners for a period of six months after such exam- 
ination, and any applicant thinking an injustice has been done 
him, may, by paying a fee of one dollar in the institute fund of 
the county and notifying both the county superintendent and 
the secretary of the board of examiners of the same, have his 
papers specially re-examined by the board, and, if such answer 
papers warrant it, the state board of examiners shall issue such 
applicant an elementary certificate of the proper grade. 

§ 261. Qualifications of teachers.] No certificate or permit 
to teach shall be issued to any person under eighteen years of 
age, and no first grade elementary certificate to any person who 
is under twenty years of age, and who has not taught successfully 
eight months school. First and second grade elementary certifi- 
cates may be renewed without examination, under such require- 



82 • GENERAL SCHOOL LAWS 

ments as shall be imposed by the state board of examiners. The 
certificates issued by the state board of examiners shall be valid 
in any county in this state when recorded by the county superin- 
tendent of schools. 

§ 262. Teacher must hold certificate, to be recorded.] No 
person shall be employed or permitted to teach in any of the 
public schools of the state, except those in cities organized for 
school purposes under special laws, or organized as independent 
districts under the general school laws, who is not the holder 
of a lawful certificate of qualification or a permit to teach, and 
no teacher's certificate, issued by the state board of examiners 
nor a teacher's diploma granted by any institution of learning 
in this state shall entitle a person to teach in such public schools 
of any county, unless such certificate or diploma shall have been 
recorded in the office of the county superintendent of the county 
in which the holder is engaged to teach, and it shall be the duty 
of the county superintendent to record such certificate or diploma. 

§ 263. Certificates, when revocable.] The state board of 
examiners is authorized and required to revoke and annul at 
any time a certificate granted in this state, for any cause which 
would have authorized or required it to refuse to grant the same, 
if known at the time it was granted, and for incompetency, im- 
morality, intemperance, cruelty, crime against the laws of the 
state, breach of contract, refusal to perform his duty, or for the 
general neglect of the work of the school. The revocation of 
the certificate shall terminate the employment of such teacher in 
the school where he may be at the time employed. Such teacher 
must be paid up to the time of receiving notice of such revocation. 
The state board of examiners shall immediately cause notice to 
be sent to the clerk of the school district where such teacher 
is employed and notify the teacher through the clerk, of such 
revocation; and it shall also notify each county ' superintendent 
in the state, and shall enter its action in such case on its records. 

§ 264. Proceedings to revoke. Teacher allowed defense.] 
In proceedings to revoke a certificate the board of examiners may 
act upon personal knowledge or upon competent evidence 
obtained from others. In the latter case action shall be taken 
only after a fair hearing, and the teacher must be notified of 
the charge and given an opportunity to make a defense at such 
time and place as may be stated in such notice. Upon their 
own knowledge the board may act immediately without notice, 
after an opportunity has been afforded such teacher for personal 
explanation. When any certificate is revoked the teacher shall 
return it to the secretary of the state board of examiners, but 
if such teacher refuses or neglects so to do the board may issue 
notice of such revocation by publication in some newspaper 
printed in the county where the accused was last employed. 

§ 265. Fees for certificates.] The state board of examiners 
shall require a fee of five dollars from each applicant for a first 



STATE OF NORTH DAKOTA 83 

grade professional certificate, and a fee of three dollars from 
each applicant for a second grade professional certificate or for 
a special certificate. The same fee shall be charged for a renewal 
of a professional or special certificate as is charged for its issuance. 
The county superintendent shall collect a fee of two dollars from 
each applicant for an elementary certificate, and a fee of one 
dollar for each renewal of an elementary certificate. A 
deposit of the fee required for any certificate sought must be 
made when a permit is issued, which deposit shall be forfeited 
in case the applicant fails to take the following examination. 

§ 266. Disposition of fees.] One dollar of each fee collected 
by the county superintendent from the applicants for elementary - 
certificates, and all fees received for the renewal of elementary 
certificates shall be paid into the county teachers' institute fund 
to be used in support of teachers' institutes or teachers' training 
schools for the county as provided by law, and one dollar of 
each fee from applicants for elementary certificates shall be 
forwarded to the state board of examiners who shall deposit all 
fees received by them in the state treasury as a fund from which 
to pay the clerical help, per diem and all other expenses incurred 
by the board in the discharge of their duties, and to aid in the 
establishment and maintainance of teachers' reading circles and 
in the professionalizing of teaching in such other ways as the 
board may deem advisable. 

AETICLE XVIII.— DUTIES OF TEACHERS. 

§ 266%. Duties ajstd powers of city and village superintend- 
ents.] The superintendents of schools in all districts employing 
such officer, shall, subject to the final authority of the board, 
supervise the administration of the course of study, visit schools, 
examine classes, and have general supervision of the professional 
work of the school, including the holding of teachers' meetings 
and the classification of teachers. The superintendent, from time 
to time, shall make reports to the board of education embodying 
recommendations relative to the employment of teachers and' 
janitors, adoption of text books, changes in the course of study, 
enforcement of discipline, and general school matters; and shall 
also make such other reports and perform such other duties as the 
board of education may direct and delegate. 

§ 267. Give notice of opening and closing school.] Each 
teacher on beginning a term of school shall give written notice 
to the county superintendent of the time and place of opening 
such school and the time when it will probably close, and prior 
to receiving salary for the first month each teacher must exhibit 
his certificate or permit to teach to the clerk of the district school 
board. If such school is to be suspended for one week or more 
in such term the teacher shall notify the county superintendent 
of such suspension. 

§ 268. When teacher not entitled to compensation.] No 



84 GENERAL SCHOOL LAWS 

teacher shall be entitled to or receive any compensation for the 
time he teaches in any public school without a certificate or permit 
to teach, valid and in force for such time in the county where 
such school is taught, except that if a teacher's certificate shall 
expire by its own limitation within six weeks of the close of the 
term, such teacher may finish such term without re-examination 
or renewal of such certificate. 

§ 269. Teacher's register, what to contain.] Each teacher 
shall keep a school register and at the close of each term make 
a report containing the number of visits of the county super- 
intendent and such items and in such form as shall be required. 
Such report shall be made in duplicate, both copies of which 
shall be sent to the county superintendent who, if he finds such 
report to be correct, shall immediately return one copy to the 
district clerk to be filed with him. No teacher shall be paid 
the last month's salary in any term until such report shall have 
been approved by the county superintendent and one copy re- 
turned to the district clerk. 

§ 270. School year and school week defined. Holidays.] 
The school year shall begin on the first day of July and close 
'on the thirtieth day of June of each year. A school week 
shall consist of five days and a school month of twenty days. 
No school shall be taught on a legal holiday or on Saturday, 
provided, however, that on February the twelfth (Lincoln's 
birthday), February twenty-second (Washington's birthday) and 
May the thirtieth (Memorial day) all schools in session shall 
assemble for a portion of the day and devote the same to patriotic 
exercises consistent with the day, unless such holiday shall fall 
upon Saturday or Sunday. A legal holiday in term time falling 
upon a day which otherwise would be a school day shall be 
counted and the teacher paid therefor, but no teacher shall be 
paid for Saturday or be permitted to teach on Saturday to make 
up for the loss of a day in the term. 

§ 271. Branches to be taught in all schools.] Each teacher 
in the common schools shall teach pupils as they are sufficiently 
advanced to pursue the same, the following branches: Ortho- 
graphy, reading, writing, arithmetic, language lessons, English 
grammar, geography, and lessons in nature study and elements 
of agriculture. United States History, civil government, physiology 
and hygiene, giving special and thorough instruction concerning 
the nature of alcoholic drinks and narcotics, and their effect 
upon the human system. There shall also be taught in every 
school in connection with physiology and hygiene simple lessons 
in the nature treatment and prevention of tuberculosis and other 
contagious and infectious diseases. All pupils in the above 
mentioned schools below the high school and above the third 
year of school work computing from the beginning of the lowest 
primary year, shall receive instructions in hygiene every year 
from text books adapted to grade in the hands of pupils for not 



STATE OF NORTH DAKOTA 85 

less than four lessons per week for ten weeks of each school 
year. In all schools above mentioned, all pupils in the (three) low- 
est three primary school years, shall each be instructed orally in 
hygiene for not less than three lessons per week for ten weeks 
of each school year by teachers using text books adapted to 
grade for such instruction as a guide or standard. Each teacher 
in schools in special districts and in the cities organized for school 
purposes under special law shall conform to and be governed by 
the provisions of this section. 

- § 272. Teaching humane treatment of animals.] There 
shall be given in the public schools of North Dakota, in addition 
to other branches of study now prescribed, instruction in the 
humane treatment of animals; such instruction shall be oral and 
shall consist of not less than two lessons of ten minutes each 
per week. 

§ 273'. Teachers' institute and teachers' training schools. 
Notice. Penalty for failure to attend.] When a teachers' 
institute or teachers' training school is appointed to be held in 
or for any county it shall be the duty of the county superintendent 
to give written or printed notice thereof to each teacher in the 
public schools of the county, and as far as possible to call others 
not then engaged in teaching, who are holders of teachers' cer- 
tificates, at least ten days before the opening of such institute or 
teachers' training school of the time and place of holding it. 
Each teacher receiving such notice, engaged in teaching a term 
of school which includes wholly or in part the time of holding 
such institute or teachers' training school, shall close school and 
attend the same and shall be paid by the school board of the 
district his regular salary as teacher for the time he attended 
such institute or teachers' training school, as certified by the 
county superintendent, but no teacher shall receive pay unless 
he has attended four days nor shall any teacher receive pay for 
more than five days. The county superintendent may revoke the 
certificate of any teacher in his county for inexcusable neglect 
or refusal after due notice, to attend a teachers' institute or 
teachers' training school held for such county. The provisions 
of this section shall not apply to high school teachers, nor to 
teachers in cities organized for school purposes under a special 
law, nor to teachers in cities organized as independent districts 
under the provisions of this chapter. 

§ 274. Pupil mat be suspended for cause.] A teacher may 
suspend from school for not more than five days any pupil for 
insubordination, habitual disobedience, or disorderly conduct. 
In such case the teacher shall give immediate notice to the parent 
or guardian of such pupil, and also to some member of the district 
school board of such suspension and the reason therefor. 

§ 275. Assignment of studies to pupils.] It shall be the 
duty of the teacher to assign to each pupil such studies as he 
is qualified to pursue, and to place him in the proper class in 



86 GENERAL SCHOOL LAWS 

any studies subject to the provisions of section 271, provided, 
that in graded school under the charge of a principal or local 
superintendent, such principal or superintendent shall perform 
this duty. In case any parent or guardian in a common school 
district is dissatisfied with such assignment or classification, the 
matter shall be referred to and decided by the county superin- 
tendent. 

§ 276. Bible not sectarian book. Reading optional with 
PUPILS.] The Bible shall not be deemed a sectarian book. It shall 
not be excluded from any public school. It may at the option 
of the teacher be read in school without sectarian comment, 
not to exceed ten minutes daily. No pupil shall be required 
to read it or to be present in the school room during the reading 
thereof, contrary to the wishes of his parents or guardians or 
other person having him in charge. 

§ 277. Moral instruction.] Moral instruction tending to 
impress upon the minds of pupils the importance of truthfulness, 
temperance, purity, public spirit, patriotism, international peace, 
respect for honest labor, obedience to parents and due deference 
for old age, shall be given by each teacher in the public schools. 

§ 278. Physical education.] Physical education, which shall 
aim to develop and discipline the body and promote health through 
systematic exercise, shall be included in the branches of study 
required by law to be taught in the common schools, and shall 
be introduced and taught as a regular branch to all pupils in 
all departments of the public schools of the state, and in all 
educational institutions supported wholly or in part by money 
from the state. It shall be the duty of all boards of education 
and boards of educational institutions receiving money from the 
state, to make provision for daily instruction in all the schools 
and institutions under their respective jurisdiction, and to adopt 
such method or methods as will adapt progressive physical exer- 
cise to the development, health and discipline of the pupils in 
the various grades and classes of schools and institutions receiving 
aid from the state. 

AETICLE XIX.— INSTITUTES AND ASSOCIATIONS. 

§ 279. Teachers' county institute fund.] All money received 
by the county superintendent from examination fees for the 
county institute fund, and all money paid into this fund from 
the county general revenue fund, shall be used by him to aid in 
the support of teachers' institutes or teachers' training schools, 
district teachers' meetings and annual school officers' meetings, 
to be held within or for the county and to pay necessary expenses 
incurred therein. The county superintendent shall present an 
itemized statement, duly verified, to the county auditor for the 
amount of all such necessary expenses and the auditor shall issue 
a warrant therefor as provided by law. The county superinten- 
dent shall, at the end of each year, submit a full and accurate 



STATE OF NORTH DAKOTA 87 

statement of tlie receipts and expenditures of these funds, under 
oath, to the superintendent of public instruction. 

§ 280. Appropriation for institute fund. Designation op 
CONDUCTORS.] There is hereby appropriated out of any funds in 
the state treasury, not otherwise appropriated, the sum of one 
hundred dollars each year to each organized county in the state 
which shall be designated as the state institute fund, and which 
shall be used exclusively in employing persons of learning, ability 
and experience as conductors, assistants and lecturers, of teachers' 
institutes. The superintendent of public instruction after con- 
sultation with the county superintendent as to the special needs 
and wants of their respective counties, shall appoint the time, 
place and duration of these institutes, and training schools, and 
shall designate the persons to act as conductors, assistants and 
lecturers of the same, as in his judgment the needs of the various 
counties demand. , 

§ 281. Institute fund, how paid out.] It shall be the duty 
of the county superintendent of schools in all cases, to consult 
with the state superintendent of public instruction in reference 
to the management of such institute or teachers' training school, 
and he shall carry out the suggestions of such state superintendent 
as to the modes of instruction. No salary shall be paid to any 
conductor or instructor not previously appointed or employed 
as herein provided. The money hereby appropriated from the 
state treasury for the support of teachers' institutes or teachers' 
training schools shall be paid to the persons to whom it is due 
by warrant of the state auditor upon the state treasurer, which 
shall be issued upon the presentation of an account in due form, 
verified by the person to whom due, and approved by the state 
superintendent of public instruction ; provided, that all the state 
and county institute funds provided by law, of one or .more 
counties may be applied to the support of a teachers' training 
school for such county or counties at the request of the county 
superintendent of such county or counties with the consent and 
under the direction of the state superintendent of public instruc- 
tion. 

§ 282. Conductor and county superintendent must file state- 
ment OF number of schools.] Where a teachers' training school 
of not less than three weeks duration is held within or for any 
county, the conductor of such training school and the county 
superintendent shall file a certified statement with the county 
auditor, specifying the time and place of such teachers' training 
school and the county superintendent shall certify to the total 
number of schools and separate departments in graded and high 
schools in said county in which school has been taught at least 
four months during the preceding school year. The county 
auditor shall file a copy of said statement with the county 
treasurer who shall thereupon transfer from the county general 
revenue fund to the county institute fund the sum of two dollars 



GENERAL SCHOOL LAWS 



for each school or separate department in high and graded 
schools in the county, as per specified statement filed with the 
county auditor. 

§ 283. Expenses op conductor, assistants and lecturer, how 
PAID.] The traveling and other necessary expenses of institute 
conductors, assistants and lecturers, in counties where a one 
weeks' institute is held, shall be paid from the institute fund of 
the county. Upon the filing of an itemized statement, with the 
county auditor of the necessary expenses incurred in connection 
with his work as institute conductor, assistant or lecturer, as 
the case may be, duly verified, and approved by the county 
superintendent of schools, the county auditor shall draw a 
warrant on the county treasurer for the amount due which shall 
be paid from the institute fund of the county. 

§ 284. Eeading circle board.] The state board of examiners 
shall be the state reading circle board and as such shall prescribe 
the course of reading for the teachers' reading circle of the 
counties of the state and shall make all rules and regulations 
for conducting the reading circle work and granting of credit 
therefor. 

AETICLE XX.— FREE TEXT BOOKS. 

§ 285. Power op board op education.] The school board or 
board of education of each and every school district in the state 
of North Dakota is hereby authorized and empowered to select, 
adopt and contract for all books and supplies needful for the 
school or schools under its charge, and the said school board 
or board of education shall have power to purchase the text 
books and supplies selected or contracted for, and provide for 
the loan free of charge or sale at cost of such text books and 
supplies to the pupils in attendance at such school or schools; 
provided, that no adoption or contract shall be for a period to 
exceed three years; provided, further, that before any publisher 
or publishers shall enter or attempt to enter into any contract 
with any school board or board of education for the sale of text 
books, as hereinbefore provided, they shall file with the superin- 
tendent of public instruction of the state of North Dakota a 
list of their books and the lowest prices at or for which they will 
sell any or all of such books to any school board or board of 
education in the state of North Dakota, and they, the said pub- 
lishers, shall deposit with the superintendent of public instruc- 
tion a sample copy of each book so listed, which shall represent 
in style, binding, mechanical execution, general make-up and 
matter, the book or books they offer to sell to the school board 
or board of education at or for the prices listed and in no case 
shall prices be raised above said listed price as filed. It shall 
be the duty of the superintendent of public instruction to fur- 
nish a certified copy of the list of books and prices filed in ac- 
cordance with the provisions of this section to the district clerk 



STATE OP NORTH DAKOTA 89 

of each school district in the state of North Dakota; through 
the office of the county superintendent. 

§ 286. Free text books provided. When.] Whenever in 
the judgment of the board it is desirable or necessary to the 
welfare of the schools in the district or to provide for the chil- 
dren therein better school privileges, or whenever petitioned so 
to do by two-thirds of the voters of the district, the board shall 
provide free text books and supplies for all schools under its 
charge, in such manner as hereinbefore provided. All books 
purchased in accordance with the provisions of this article shall 
be paid for out of the school funds of the respective districts, 
and it shall be the duty of school boards and boards of educa- 
tion to see that sufficient funds are raised and set aside for the 
purpose of this article. The clerk of each district shall also 
keep a record of all books furnished the schools in the district. 

ARTICLE, XXL— SPECIAL PROVISIONS.. 

§ 287. United states plag to be displayed.] The school board 
or board of education of any city, town, or district, is authorized 
and required to purchase at the expense of the city, town or 
district, one or more flags of the United States, which shall be 
displayed in seasonable weather, upon the school houses or flag- 
staff upon the school grounds during the school hours of each 
day's session of ^school. 

§ 288. Superintendents, principals, teachers attending the 
North Dakota educational association.] The board of educa- 
tion in special or independent districts, or the school district 
board in any common school district is hereby authorized to 
allow the superintendent, principal or teachers of the schools 
under its charge, to attend, without loss of salary, any meeting 
of the North Dakota or other educational association which may 
be held within this state while the schools of such district are 
in session. 

§ 289. Free kindergartens may be established, cost, how 
paid, government. Duty op superintendent op public instruc- 
tion.] The school board of any school district in the state, upon 
a petition signed by a majority of the legal voters in the dis- 
trict, shall have the power to establish and maintain free kinder- 
gartens in connection with the public schools of said district, 
for the instruction of children between four and six years of 
age, residing in said district, and shall establish such course of 
training, study and discipline and such other rules and regula- 
tions governing such preparatory or kindergarten schools as said 
board may deem best ; provided, that nothing in this act shall be 
construed to change the law relating to the taking of the census 
of the school population or of the apportionment of the state 
or county school funds among the several counties and districts 
in the state; provided, further, that the cost of establishing and 
maintaining such kindergartens may be paid from the school 



90 GENERAL SCHOOL LAWS 

funds of said districts raised by direct taxation for such purpose, 
and the said kindergartens shall be a part of the public school 
system, and governed as far as practicable, in the same manner 
and by the same officers as are provided by law for the govern- 
ment of the other public schools of the state ; provided, further, 
that no person shall be employed as a teacher in such kinder- 
garten schools who has not passed a satisfactory examination in 
such subjects as the state examining board shall require. The 
state examining board shall adopt rules governing the examina- 
tion of kindergarten teachers, and shall furnish county super- 
intendents with examination questions and the examination shall 
be held in the manner provided by law for the examination of 
teachers in the public schools; provided, further, that any per- 
son who shall complete the course of training for kindergarten 
teachers at the state normal schools shall be entitled to teach in 
the kindergarten schools of this state without examinations. 

§ 290. Health and decency.] It shall be the duty of all boards 
of education and school boards in this state to provide suitable 
and convenient water closets or privies for each of the schools 
under their charge, at least two in number which shall be entirely 
separate, each from the other, and having separate means of ac- 
cess; and it shall be the duty of the school officers aforesaid to 
keep the same in a clean, chaste and wholesome condition; and' 
a failure to comply with the provisions of this article on the 
part of any board of education or school board, shall be suffici- 
ent grounds for removal from office and for withholding from 
any district any part of the county tuition fund. 

AETICLE XXII.— CHILD LABOR. 

§ 291. Unlawful to employ children under fourteen years.] 
No child under fourteen years of age shall be employed, per- 
mitted or suffered to work in or in connection with any mine, 
factory, workshop, mercantile establishment, store, business of- 
fice, telegraph office, restaurant, hotel, apartment house or in 
the distribution or transmission of merchandise or messages. It 
shall be unlawful for any person, firm or corporation to employ 
any child under fourteen years of age in any business or service 
whatever, during the hours when the public schools of the dis- 
trict in which the child resides are in session. 

§ 292. Employment op child under sixteen years.] No child 
between fourteen and sixteen years of age shall be employed, 
permitted or suffered to work in any mine, factory, workshop or 
mercantile establishment unless the person or corporation em- 
ploying him procures and keeps on file, and accessible to the 
superintendent of schools of the city or village, if one is employ- 
ed, otherwise, to the clerk of the school board or board of edu- 
cation, an employment certificate as hereinafter prescribed, and 
keeps two complete lists of all such children employed therein, 
one on file and one conspicuously posted near the principal en- 



STATE OF NORTH DAKOTA 91 

trance of the building in which, such child is employed. On 
termination of the employment of a child so registered and whose 
certificate is so filed, such certificate shall be forthwith sur- 
rendered by the employer to the child or its parent, or guardian 
or custodian. The superintendent of schools or clerk of the 
school board or board of education, as the case may be, may make 
demand on an employer in whose factory a child apparently 
under the age of sixteen years is employed or permitted or suf- 
fered to work and whose employment certificate is not then filed 
as required by this act, that such employer shall either furnish 
him within ten days evidence satisfactory to him that such child 
is in fact over sixteen years of age, or shall cease to 
employ or permit or suffer such child to work in such 
factory. The superintendent of schools of the city or 
village or clerk of the school board' or board of educa- 
tion may require from such employer the same evidence 
of age of such child as is required on the issuance of 
an employment certificate; and the employer furnishing such 
evidence shall not be required to furnish any further evidence 
of the age of the child. In case such employer shall fail to pro- 
duce and deliver to the superintendent of schools of the city or 
village or the clerk of the school board or board of education, 
as the case may be, within ten days after such demand, such 
evidence of age herein required by him, and shall thereafter 
continue to employ such child or permit or suffer such child to 
work in such factory, proof of the giving of such notice and, 
of such failure to produce and file such evidence shall be prima 
facie evidence in any prosecution brought for a violation of this 
act that such child is under sixteen -years of age and is unlaw- 
fully employed. 

§ 293. Who authorized to issue employment certificates.] 
The superintendent of schools of the city or village, if one is 
employed, and if not, then the clerk of the school board or board 
of education, is hereby authorized to issue an employment cer- 
tificate in writing, such certificate is to be issued upon the evi- 
dence prescribed in section four of this act; provided, that no 
employment certificate shall be issued for any child then in or 
about to enter his own employment or the employment of a firm 
or corporation of which he is a member, officer or employee. 

§ 294. Employment certificate, on what issued.] The per- 
son authorized to issue employment certificate shall not issue 
such certificate until he has received, examined, approved and 
filed the following papers duly executed: 

1. The school record of such child properly filled out and 
signed as provided in this act. 

2. A passport or duly attested transcript of the certificate of 
birth or baptism or other religious record, showing the date and 
place of birth of such child. A duly attested transcript of the 
birth certificate filed according to law with a registrar of vital 



92 GENERAL SCHOOL LAWS 

statistics, or other officer charged with the duty of recording 
births, shall be conclusive evidence of the age of such child. 

3. The affidavit of the parent or guardian or custodian of a 
child, which shall be required, however, only in case such last 
mentioned transcript of the certificate of birth be not produced 
and filed, showing the place and date of birth of such child, 
which affidavit must be taken before the officer issuing the em- 
ployment certificate, who is hereby authorized and required to 
administer such oath, and who shall not demand or receive a 
fee therefor. Such employment certificate shall not be issued 
until such child has personally appeared before and been exam- 
ined by the officer issuing the certificate, and until such officer 
shall, after making such examination, sign and file in his office 
a statement that the child can read and legibly write simple 
sentences in the English language and that in his opinion the 
child is fourteen years of age or upwards, and has reached the 
normal development of a child of its age, and is in sound health 
and is physically able to perform the work which it intends to 
do. In doubtful cases such physical fitness shall be determined 
by a medical officer of the board or department of health. Every 
such employment certificate shall be signed, in the presence of 
the officer issuing the same, by the child in whose name it is 
issued. 

§ 295. Contents of certificates.] Such certificates shall state 
the date and place of birth of the child and describe the color of 
•the hair and eyes, the height and weight and any distinguishing 
marks of such child, and that the papers required by the preced- 
ing section have been duly examined, approved and filed and that 
the child named in such certificate has appeared before the offi- 
cer signing the certificate and been examined. 

§ 296. School record, what to contain.] The school record 
required by this act shall be signed by the principal or chief 
executive officer of the school which such child has attended 
and shall be furnished, on demand, to a child entitled thereto. 
It shall contain a statement certifying that the child has regu- 
larly attended the public schools or schools equivalent thereto 
or parochial schools for not less than one hundred and twenty 
days during the school year previous to his arriving at 
the age of fourteen years or during the year previous 
to applying for such school record and is able to read and write 
simple sentences in the English language and has received dur- 
ing such period instruction in reading, spelling, writing, English 
grammar and geography and is familiar with the fundamental 
operations of arithmetic up to and including fractions. Such 
school record shall also give the age and residence of the child 
as shown on the records of the school and the nam_e of its par- 
ent, guardian or custodian. 

§ 297. Hours of labor.] No person under the age of six- 
teen years shall be employed or suffered or permitted to work at 



STATE OF NORTH DAKOTA 93 

any gainful occupation more than forty-eight hours in any one 
week, nor more than eight hours in any one day; or before the 
hour of seven o'clock in the morning or after the hour of seven 
o'clock in the evening. Every employer shall post in a conspic- 
uous place in every room where such minors are employed a 
printed notice stating the hours required of them each day of 
the week, the hours of commencing and stopping work and the 
hours when the time or times allowed for dinner or for other 
meals begin and end. The printed form of such notice shall be 
furnished by the superintendent of schools of the city or village, 
or the clerk of the school board or board of education, and the 
employment of any minor for longer times in any day so stated 
shall be deemed a violation of this section. 

§ 298. Peace officers to inspect places of work.] Peace of- 
ficers may visit mines, factories, workshops and mercantile es- 
tablishments in their several towns and cities and ascertain 
whether any minors are employed therein contrary to the pro- 
visions of this act; and it shall be their duty to report any 
cases of such illegal employment to the school board or board 
of education. Such officer may require that the employment 
certificates and lists provided for in this act of minors employed 
in such factories, mines, workshops or mercantile establishments 
shall be produced for their inspection. Complaints for offenses 
under this act may be made by such peace officer or by any 
other person cognizant of the facts. 

§ 299. Employments.] No child under the age of sixteen 
years shall be employed at sewing belts, or to assist in sewing 
belts, in any capacity whatever; nor shall any child adjust any 
belt to any machinery, they shall not oil or assist in oiling, wip- 
ing or cleaning machinery; they shall not operate or assist in 
operating circular or band saws, wood shapers, wood-joiners, 
planers, sand-paper or wood polishing machinery, emery or pol- 
ishing wheels used for polishing metal, wood-turning, or boring 
machinery, stamping machines in sheet metal and tinware manu- 
facturing, stamping machines in washer and nut factories, oper- 
ating corrugating rolls, such as are used in roofing factories, 
nor shall they be employed in operating any steam boiler, steam 
machinery, or other steam generating apparatus, or as pin boys 
in any bowling alleys; they shall not operate or assist in oper- 
ating dough brakes, or cracker machinery of any description; 
wire or iron straightening machinery; nor shall they operate 
or assist in operating rolling mill machinery, punches or shears, 
washing, grinding or mixing mill or calendar rolls in rubber manu- 
facturing; nor shall they operate or assist in operating laundry 
machinery; nor shall children be employed in any capacity in 
preparing any composition in which dangerous or poisonous 
acids are used, and they shall not be employed in any capa- 
city in the manufacture of paints, colors, or white lead; nor 
shall they be employed in any capacity whatever in operating 



94 GENERAL SCHOOL LAWS 

or assisting to operate any passenger or freight elevator; nor 
shall they be employed in any capacity whatever in the manu- 
facture of goods for immoral purposes, or any other employ- 
ment that may be considered dangerous to their lives or limbs, 
or where their health may be injured, or morals depraved; nor 
in any theater, concert hall, or place of amusement wherein in- 
toxicating liquors are sold; nor shall females under sixteen 
years of age be employed in any capacity where such employ- 
ment compels them to remain standing constantly. 

§ 300. Penalty for violation of this act.] Each owner, sup- 
erintendent, manager or overseer of any mine, factory, workshop 
or mercantile establishment, and any other person who shall 
employ any child contrary to the provisions of this act or who 
shall in any manner violate the provisions thereof, shall be deem- 
ed guilty of a misdemeanor, and upon conviction thereof shall 
be fined for each offense in a sum not less than twenty dollars 
nor more than fifty dollars and costs. Each person authorized to 
sign a certificate as prescribed in the preceding section who cer- 
tifies to any material false statement therein shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, shall be 
fined not less than twenty dollars nor more than fifty dollars and 
costs. 

§ 301. Prosecution, how brought.] Prosecutions under this 
act shall be brought in the name of the state of North Dakota 
before any court of competent jurisdiction, and the fines collect- 
ed shall be paid over to the county treasurer and by him cred- 
ited to the school fund of the state. 

AETICLE XXIIL— MAINTENANCE OF EDUCATIONAL 
INSTITUTIONS. 

§ 302. Free public schools.] The state university and school 
of mines at Grand Forks, the agricultural college at Fargo, the 
state normal schools at Valley City and Mayville, the deaf and 
dumb school at Devils Lake, the normal and industrial school 
at Ellendale, the scientific school at Wahpeton, the school of 
forestry at Bottineau, and all other schools heretofore estab- 
lished by law and maintained by taxation constitute the system 
of "free public schools" of the state. 

§ 303. Maintenance of institutions.] For the purpose of pro- 
viding for the maintenance of the state university and school of 
mines at Grand Forks, the agricultural college at Fargo, the state 
normal school at Valley City, the state normal school at May- 
ville, the school for the deaf and dumb at Devils Lake, the school 
of forestry at Bottineau, the North Dakota Academy of Science 
at "Wahpeton and the normal and industrial school at Ellendale, 
as a part of the public school system of this state there is hereby 
upon all taxable property in the state real and personal annual 
tax of one mill on each dollar of the assessed valuation of such 
property in each and every year hereafter. 



STATE OF NORTH DAKOTA 95 

§ 304. County auditor shall calculate amount of levy.] The 
county auditor of each, county shall, at the time of making the 
annual tax list in his county, calculate the amount of the levy 
hereinbefore provided for upon each and every item of property 
assessed in his county as it appears upon the last assessment 
roll, and extend the same upoU such tax list in a column to be 
provided for that purpose and such tax shall thereupon be cal- 
culated and paid over to the state treasurer the same as other 
state taxes. 

§ 305. Such taxes, how^ apportioned.] Such taxes as levied 
shall be apportioned by the state treasurer to the several institu- 
tions herein mentioned as follows : Thirty-three one-hundreths 
of a mill to the state university and school of mines at Grand 
Forks; twenty one-hundredths of a mill to the agricultural col- 
lege at Fargo ; fifteen one-hundredths of a mill to the state nor- 
mal school at Valley City; thirteen one-hundredths of a mill to 
the state normal school at Mayville; six one-hundredths of a 
mill to the school for the deaf at Devils Lake; two one-hundredths 
of a mill to the school of forestry at Bottineau; four one-hun- 
dredths of a mill to the North Dakota academy of science at 
Wahpeton; seven one-hundredths of a mill to the normal and 
industrial school at EUendale; provided, that all moneys here- 
, after collected from any tax heretofore levied shall be appor- 
tioned as herein provided. 

§ 306. Moneys, how apportioned.] The moneys arising from 
the taxes hereinbefore levied are hereby apportioned for the 
maintenance of the state university and school of mines at Grand 
Forks, the agricultural college at Fargo, the state normal school 
at Valley City, the state normal school at Mayville, the school 
for the deaf and dumb at Devils Lake, the school of forestry at 
Bottineau, the North Dakota academy of science at Wahpeton, 
and the normal and industrial school at Ellendale, the same to 
be paid monthly to the board of trustees of the several institu- 
tions herein mentioned and in proportion as herein provided, 
upon vouchers of said board signed by their respective presi- 
dents, and to be expended by the several boards, in their discre- 
tion, in the establishment and maintenance of said institutions 
hereinbefore mentioned. 

§ 307. Funds, when paid over.] All moneys received as 
interest, all moneys received for rents, for penalties, for permits, 
and all moneys received from any other source from the respective 
lands of the different educational institutions hereinafter mention- 
ed (except moneys received as principal from the sale of lands be- 
longing to the agricultural college, lands belonging to the state 
university and school of mines, lands belonging to the two nor- 
mal schools, lands belonging to the normal and industrial school) , 
shall be paid over to the respective treasurers of the educational 
institutions above mentioned, by the state auditor on the first 
day of January, April, July and October in each year. The funds 



96 GENERAL SCHOOL LAWS 



herein referred to shall be subject to the order of the respective 
boards of trustees of each institution hereinbefore mentioned 
and shall be used for the maintenance of such institutions re- 
spectively. 

ARTICLE XXIV.— CEETAIN ACTS LEGALIZED. 

§ 308. Acts legalized.] Where the officers of any incorpor- 
ated city, village or school district of this state shall have incur- 
red indebtedness and issued v^arrants or orders for the erection, 
purchase, repair or maintenance, within and for said city, vil- 
lage or school district for school or other buildings, or water- 
works, gas or electric light plants, public wells, cisterns, fire ap- 
paratus, or legitimate corporate purposes for said city, village 
or school district, or to pay for or to raise money for any such 
purpose, and said warrants or orders are outstanding, or held 
in the general revenue or other funds of said city, village or 
school district, in any and all such cases where said warrants 
or orders are within the debt limit, the same are hereby legalized 
and are declared to be the valid indebtedness of such city, vil- 
lage or school district, and in every case where the city council 
or city commissioners, village board of trustees, school board or 
board of education thereof shall have heretofore or shall here- 
after determine by resolution or ordinance, that it was or is for 
the best interests of the city, village or school district to issue its 
negotiable bonds in the name of the city, village or school district 
for the sole purpose of funding such indebtedness, and shall 
have been or shall be authorized to issue such bonds, by a major- 
ity vote of the qualified electors of such city, village or school 
district, voting thereon at any regular or special election legally 
called and held after public notice thereof as required by law, 
and if such bonds shall have been or shall be executed, sold and 
delivered for value, and the proceeds arising from such sale shall 
have been or shall be applied exclusively to the express purpose 
of funding such warrants or orders, then in every such case such 
bonds whether engraved, lithographed or printed on bond paper, 
shall when executed, sold and delivered as provided by law be 
deemed, and hereby are declared to be valid and subsisting in- 
debtedness of the city, village or school district issuing the same. 

§ 309. Pending actions not affected. Debt limit.] This 
act shall not affect any actions now pending in which the valid- 
ity of any such Avarrants, orders, bonds or indebtedness is called 
in question; providing, however, that the issue of such bonds 
shall not be construed to be an increase of the indebtedness of 
the municipality and the proceeds of sales of such bonds shall 
be applied exclusively towards the discharge of the indebtedness 
of such city, village or school district referred to in section 308 
of this act. 



STATE OF NORTH DAKOTA 



97 



§ 310. Repeal.] Sections 747, 748, 749, 750, 751, 752, 753, 



754, 755, 756, 757 

765, 766, 767, 768 

776, 777, 778, 779 

787, 788, 789, 790 

798, 799, 800, 801 

809, 810, 811, 812 

820, 821, 822, 823 

831, 832, 833, 834 

842, 843, 844, 845 

853, 854, 855, 856 



864, 


865, 


866, 


867, 


875, 


876, 


877, 


878, 


886, 


887, 


888, 


889, 


897, 


898, 


899, 


900, 


908, 


909, 


910, 


911, 


919, 


Sections 937 


938 


948, 


949, 


950, 


951, 


959, 


960, 


961, 


962 


970, 


971, 


972, 


973, 


981, 


982, 


983, 


984, 



758, 759, 760, 761 

769, 770, 771, 772 

780, 781, 782, 783 

791, 792, 793, 794 

802, 803, 804, 805 

813, 814, 815, 816 

824, 825, 826, 827 

835, 836, 837, 838 

846, 847, 848, 849 

857, 858, 859, 860 

868, 869, 870, 871 

879, 880, 881, 882 

890, 891, 892, 893 

901, 902, 903, 904 

912, 913, 914, 915 

939, 940, 941, 942, 943, 

952, 953, 954, 955 

963, 964, 965, 966 

974, 975, 976, 977 



762 
773 
784 
795 
806 
817 
828 
839 
850 
861 
872, 
883 



905 

916 

14, f 

956 

967 
978 
989 



763, 


764, 


774, 


775, 


785, 


786, 


796, 


797. 


807, 


808, 


818, 


819, 


829, 


830, 


840, 


841, 


851, 


852, 


862, 


863, 


873, 


874, 


884, 


885, 


895, 


896, 


906, 


907, 


917, 


918, 


5, 946 


, 947, 


957, 


958, 


968, 


969, 


979, 


980, 


990, 


991, 


_001, 


1002, 


1012, 


1013, 


1023, 


1024, 



985, 986, 987, 988, 
992, 993, 994, 995, 996, 997, 998, 999, 1000, 
1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 
1025, 1026, 1027, 1028, 1029, and Section 1030 of the Revised 
Codes of 1905 with any and all amendments thereto, and Chap- 
ters 49, 98, 100, 103, 124, 153, and 201 of Session Laws of 1909 
are hereby repealed. 



DEPOSITORIES. 

§ 920. School funds required to be deposited.] All funds of 
each and every city or school district of this state shall be de- 
posited by the treasurer of the city, county or school district, as 
soon as received by him, in the name of the city or school dis- 
trict of which he is an officer, in such bank or banks as shall have 
been designated as city or school district depositories in accord- 
ance with this article, as hereinafter provided. 

§ 921. Depositories to be designated.] The city council or 
school board of each and every city or school district of this 
state, at its first regular meeting after this article shall take 
effect and at its first regular meeting in July of each odd num- 
bered year thereafter, shall designate one or more national or 
state banks in its city or district or county as city or school dis- 
trict depositories, in which all of the funds of such city or school 
district shall be deposited. 

§ 922. City auditor or school clerk to advertise for propos- 



98 GENERAL SCHOOL LAWS 

ALS.] The city auditor or school clerk of each city or school dis- 
trict shall advertise in one or more newspapers of the city, county 
or village, for at least two weeks immediately prior to such meet- 
ing- for sealed proposals for the deposit of funds of such city or 
school district, which advertisements shall state the date up to 
which such proposals will be received, which date shall be the 
day of the meeting of the city council or school board, at which 
such proposals are to be opened. Such proposals shall state in 
writing what rate of interest will be paid on average daily balances 
during the month, interest to be paid monthly on condition that 
such funds, with accrued interest, shall be held subject to draft 
at all times on demand. Such proposals shall ' be inclosed in 
sealed envelopes, addressed to the city auditor or school clerk 
and marked ' ' Proposals for deposit of city or school funds, ' ' and 
shall be by the city auditor or school clerk filed in his office. 

§ 923. How PROPOSALS acted on. Bond required.] Such pro- 
posals shall be presented to the city council or school board at 
such meetings, and then, but not till then, shall be opened by the 
city auditor or school clerk in the presence of the council or 
school board, and the council or school board shall thereupon 
proceed to accept the proposal of the bank or banks offering the 
highest rate of interest, not inconsistent therewith, subject to 
the filing of a satisfactory bond as hereinafter provided, the 
amount of which bond shall then and there be fixed by the city 
council or school board. Before any bank shall be designated 
as such depository, it shall submit to the city council or school 
board for its approval a bond payable to the city or school dis- 
trict conditioned for the safe keeping and repayment of any and 
all funds deposited in such banks, which bond shall be signed 
by not less than five freeholders of the county or state as sure- 
ties; such bond to be in the sum required by the city council or 
school board, but in no case less than double the probable amount 
of funds to be deposited in such bank. If at any time the amount 
of funds on deposit in any such depositories shall exceed one- 
half of the amount named in such bond, it shall be the duty of 
the city council or school board at its next regular meeting there- 
after to require from such depository an additional bond in a 
sum not less than twice the amount of such excess. Such bond 
shall be approved by the city council or school board and the 
a,pproval indorsed thereon by the mayor or president of the school 
board, and by him deposited with the city auditor or school dis- 
trict clerk; and any bank whose bond shall have been so approved 
shall thereupon be designated by the city council or school board 
as a cit.v or school district depository and shall continue as such 
until such time as the city council or school board shall advertise 
for bids as aforesaid. If the city council or school board fails 
or refuses to approve such bond, the same may be presented to 
the judge of the district court, upon three days' notice to the 
city auditor or school district clerk. Avho shall proceed to hear 



• STATE OF NORTH DAKOTA ' 99 

and determine the sufficiency of such bond, and may approve 
such bond, and the said bank shall be declared a city or. school 
district depository as aforesaid. The sureties on such bond shall 
be required to justify as required by law in arrest and bail pro- 
ceedings : provided, however, that in lieu of such personal bond, 
the city council or school board may require such banks or bank 
to tile a surety company bond for a sum equal to the amount of 
funds such bank may receive according to the provisions of this 
article. If at any time the amount of funds on deposit in such 
depositories shall exceed the amount named in such surety com- 
pany bond, it shall be the duty of the city council or school board 
at its next regular meeting thereafter to require from such de- 
positories an additional surety bond in the sum of not less than 
the amount of such excess. Such surety company's bond shall be 
approved as provided by law. 

§ 924. In case bids are equal, how decided.] When two or 
more banks in the same city or village, proposing to be city or 
school district depositories, offer the same rate of interest, it shall 
be the duty of the city council or school board to select, im- 
partially, as many of such banks as depositories as offer ample 
security for such deposits. In estimating the value of the security 
offered by any proposed depository the capital, surplus and gen- 
eral credit of the bank ^h all be taken into consideration, as well 
as the bonds proposed to be given. 

§ 925. Tw^o OR more banks may be designated.] In case two 
or more banks be designated as depositories, the city or school 
district treasurer shall, as far as practicable, keep in each of the 
several depositories equal balances at all times; provided, that in 
cities or villages where tv^^o or more banks are designated as de- 
positories, the amount deposited in any bank shall not exceed 
the capital of the banks in said city or village, then the city 
council or school board shall deposit the funds of the city or 
school district in the banks of the city or village upon their giving 
a bond according to law. 

§ 926. When time deposits may be made.] Whenever there 
shall be accumulated in the sinking fund or any other revenue, 
city or school district fund, established by law, in any of the 
cities or school districts of this state, an amount of money ex- 
ceeding trvvo hundred dollars, and for which there is no immediate 
use, the city council or school board of such city or school dis- 
trict is authorized and empowered to direct a time deposit of such 
funds for a period of one year or six months, as they may deem 
expedient, either in one or more of the city or school district de- 
positories created by laAV, or such state or national bank as the 
city council or school board may designate. 

§ 927. How depositories for time deposits are selected.] The 
depositories for such time deposits of the city or school district 
funds may be designated at any regular meeting of the city coun- 
cil or school board of such city or echool district upon the ad- 



100 GENERAL SCHOOL LAWS 

vertisement and proposals as provided by law for designating 
the depositories of the general city or school district funds, and 
the bank or banks designated as the Repository or depositories 
of such time deposits of such city or school district funds shall be 
required to furnish a bond in the same amount, manner and form 
as prescribed by law for the several city and school district de- 
positories. 

§ 928. Maximum rate of interest on call deposits.] To furth- 
er secure the safety of the city or school district funds deposited 
under the provisions of this article the city council or school 
board shall satisfy itself of the responsibility of the several banks 
proposing to act as depositories, and any bank offering more than 
four per cent per annum on deposits, subject to check, shall not 
be designated as a depository under the provisions of this article ; 
provided, this act shall not apply to school districts in incorpor- 
ated cities or villages. 

§ 929. In whose name deposited.] All funds in the city or 
school district shall be deposited in the name of the city or school 
district by the city treasurer or treasurer of the school district, 
as soon as received by him, in such bank or banks as shall have 
been designated as city or school district depositories. 

§ 930. Penalty for violation.] If any city or school district 
treasurer shall deposit any of the funds of his city or school dis- 
trict or loan the same in any manner except according to the 
provisions of this article, he shall be liable to a penalty of five 
hundred dollars for each deposit or loan so made. 

§ 931. Banks to furnish monthly statements.] Each de- 
pository shall furnish to the city auditor or clerk of the school 
district on the first day of each month an itemized statement of 
the account of the city or school district with such depository, 
duly verified by the affidavit of the cashier of such bank, which 
statement shall be filed and carefully preserved in the office of 
the city auditor or school clerk. All sums of interest accruing 
on the funds deposited as aforesaid shall be credited to such de- 
posit account on the first day of each month for the preceding 
month, and a statement of such interest shall be rendered by such 
depository to the city auditor or school clerk on the first day of 
each month and the auditor or clerk shall charge the treasurer 
with the amount thereof and credit the sum to the general funds 
of the city or school district. 

§ 932. How CHECKS shall be signed.] All checks drawn upon 
the city or school district depositories shall be signed by the city 
or school district treasurer in the name of the city or school dis- 
trict, by himself as treasurer. 

§ 933. When bids not required.] It is the duty of the orficers 
mentioned in this article to comply with the provisions hereof; 
provided, that in cities or villages where only one bank is lo- 
cated, the eity council or school board shall designate such bank 
or other bank within this state the depository without advertising 



STATE OF NORTH DAKOTA 101 

for bids, if such bank agrees to pay interest at the rate of at least 
two per cent per annum and furnishes a bond as hereinbefore 
provided for the. safe keeping and repayment of any funds de- 
posited in such bank. In cities or villages or counties where there 
is no bank or where no bank offers to comply with the require- 
ments of this act, the city council or school board must designate 
some bank or banks outside of such city or village and within this 
state as such depositories^ but (such) bank or banks must furnish 
a bond in the same manner as other depositories. 

§ 934. Treasurer not liable for funds deposited by reason of 
BANK FAILURE.] When the funds of any city or school district 
are deposited bj^ the city or school district treasurer as provided 
herein, such treasurer and his sureties shall be exempt from all 
liability thereon by reason of the loss of any funds from the fail- 
ure, bankruptcy or any other act of such bank to the extent only 
of such funds in the hands of such bank or banks at the time of 
such failure or bankruptcy. 

§ 935. Exceptions to law.] It shall not be incumbent upon 
the city council or school board to designate depositories as herein 
provided for until the amount in such city or school treasury 
equals or exceeds the sum of five hundred dollars. 

§ 936. Violation constitutes misdemeanor.] Any officer vio- 
lating any of the provisions of this article shall be deemed guilty 
of a misdemeanor. 



CHAPTER 268. 

[H. B. No. 181— Tuttle] 



SCHOOL HOUSES AND SITES. 
AN ACT To Amend Section 2 of Chapter 204 of the Laws of 1909, Entitled 
an Act to Amend Section 811, 829, 822 and 883 of the Eevised Codes 
of 1905, Pertaining to Education. 

Be It Enq,cted by the Legislative Assembly of the State of North Dakota : 

§ 1. Amendment,] That Section 2 of Chapter 204 of the 
Laws of 1909, being Section 829 of the 1905 Revised Codes of 
North Dakota, be and the same is hereby amended to read as 
follows : 

§ 829. School houses and sites. How determined. Plans 
for school houses. how prepared. board of inspectors. 
How CONSTITUTED.] Whenever in the judgment of the board it 
is desirable or necessary to the welfare of the schools in the 
district, or to provide for the children therein proper school 
privileges, or w^henever petitioned to do so by one-third of the 
voters of the district, the board shall call a meeting of the 
voters in the district at some convenient time and place fixed 



102 GENERAL SCHOOL LAWS 

by the board to vote upon the question of the selection, purchase^ 
exchange, or sale of a school house site, or the erection, removal,, 
or sale of a school house. Said election shall be conducted and 
votes canvassed in the same manner as at the annual election 
of school officers. Three notices of the time, place and purpose 
of such meeting shall be posted in three public places in the 
district at least ten days prior to such meeting. If a majority 
of the voters present at such meeting shall by vote select a 
school house site, or shall be in favor of the purchase, exchange 
or sale of the school house, as the case may be, the board shall 
locate, purchase, exchange or sell such site, or erect, remove or 
sell such school house, as the case may be, in accordance with such 
vote ; provided, it shall require a vote of two-thirds of the voters' 
present and voting at such meeting to order the removal of the 
school house, and such school house so removed cannot again be 
removed within three years from the date of such meeting; pro- 
vided, further, that whenever a school house is to be purchased, 
erected or constructed in a common school district, the school 
board shall consult with the county superintendent of schools 
and the county superintendent of health with regard to plans 
providing for the proper construction, lighting, heating and ven- 
tilation; provided, further, that it shall be the duty of the state- 
superintendent of public instruction to furnish plans for school 
houses of one and two rooms, as will be in accord with the best 
ideas pertaining to heating, lighting, ventilating and other sani- 
tary requirements. 

Emergency.] Whereas, section 829 as at present constituted, 
is inoperative an emergency exists and this act shall take effect 
from and after its passage and approval. 

Approved March 6, 1911. 



[S. B. No. 178— Welo] 



PEOHIBITING COUNTY OFFICIALS FEOM EECEIVING COMMISSION. 

AN ACT Prohibiting County Superintendents of Schools, Deputies, School 
District Ofl&cers, School Officials, Principals and Teachers From Receiv- 
ing Commission or Fees or Eeward for or on Account of any School 
Books, Furniture or Other Supplies Purchased During the Incumbency 
of Such Office, and Providing a Penalty therefor. 

Be It Enacted by the Legislative Assembly of the State of North Dakota : 

§ 1. Every county superintendent of schools, deputy thereof , 
school district directors, clerk, treasurer, principal of a school 
or teacher therein who shall receive any commissions, fee or re- 
ward for or on account of any school books, furniture or other 
supplies purchased during the incumbency of such official, prin- 



STATE OP NORTH DAKOTA 103 

cipal or teacher for the use of the school district or school under 
the supervision of ^uch official, principal or teacher, is guilty of 
a misdemeanor and upon conviction thereof shall be punished 
by a fine of not less than fifty dollars and not exceeding five 
hundred dollars and may be removed from his office. 
Approved March 3, 1911. 



CHAPTER 269. 

[H. B. No. 43i— Price] 



GOVERNING THE CONSTRUCTION OE PUBLIC SCHOOL BUILDINGS 
AND PROVIDING FOR THE INSPECTION, VENTILATION AND SAN- 
ITATION THEREOF. 
AN ACT Entitled "Au Act for tlie Purpose of Governing the Construction 
of Public School Buildings and Providing for the Inspection, Ven- 
tilation and Sanitation Thereof. ' ' 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Buildings inspected. Plans and specifications to be 

SUBMITTED TO SUPERINTENDENT OP PUBLIC INSTRUCTION.] No build- 
ing which is designed to be used, in whole or in part, as a public 
school building, shall be erected until a copy of the plans thereof 
has been submitted to the state superintendent of public in- 
struction, Vviio for the purposes of carrying out the provisions 
of this act is hereby designated as inspector of said public school 
building plans and specifications, by the person causing its erec- 
tion or by the architect thereof; such plans shall include the 
method of ventilation provided for, and a copy of the spec- 
ifications therefor. 

§ 2. Construction of school houses.] Such plans and spec- 
ifications shall show in detail the ventilation, heating and light- 
ing of such building. The state superintendent of public in- 
struction shall not approve an}^ plans for the erection of any 
school building or addition thereto unless the same shall provide 
at least twelve square feet of floor space and two hundred 
cubic feet of air space for each pupil to be accommodated in each 
study or recitation room therein. 

(1) Light shall be admitted from the left or from the left 
and rear of class rooms and the total light area must, unless 
strengthened by the use of reflecting lenses be equal to at least 
20 per cent of 4he floor space. 

(2) All ceilings shall be at least twelve feet in height. 

(3) No such plans shall be approved by him unless provision 
is made therein for assuring at least 30 cubic feet of pure air 
every minute per pupil and warmed to maintain an average 
temperature of 70 degrees F. during the coldest winter weather. 



104 GENERAL SCHOOL LAWS 

and the facilities for exhausting the foul or vitiated air therein 
shall be positive and independent of atmospheric changes. Na 
tax voted by a district meeting or other competent authority 
in any such city, village, or school district, exceeding the sum 
of two thousand dollars ($2000.00) shall be levied by the trustees 
until the state superintendent of public instruction shall certify 
that the plans and specifications for the same comply with the 
provisions of this act. All school houses for which plans and 
detailed specifications shall be filed and approved, as required 
by this act, shall have all halls, doors, stairways, seats, passage- 
ways and aisles and all lighting and heating appliances and ap- 
paratus arranged to facilitate egress in case of fire or accident and 
to afford the requisite and proper accommodations for public pro- 
tection in such cases. All exit doors shall open outwardly, and 
shall if double doors be used, fasten with movable bolts operated 
simultaneously by one handle from the inner face of the door. 
No staircase shall be constructed with wider steps in lieu of a 
platform, but shall be constructed with straight runs, changes 
in direction being made by platform. No doors shall open im- 
mediately upon a flight of stairs, but a landing at least the 
width of the door shall be provided between such stairs and 
such doorway. 

(4) Every public school building shall be kept clean and 
free from effluvia arising from any drain, privy or nuisance, and 
shall be provided with sufficient number of proper water closets, 
earth closets or privies, and shall be ventilated in such a manner 
that the air shall not become so impure as to be injurious to 
health. 

§ 3. Toilet rooms. How constructed.] No toilet rooms 
shall be constructed in any public school building unless same 
has outside ventilation and windows permitting free access of 
air and light. The provisions of this act shall be enforced by the 
state superintendent of public instruction or some person des- 
ignated by him for that purpose. 

§ 4. Method of inspection and adjustment of grievances.] 
If it appears to the state superintendent of public instruction 
or his deputy appointed for that particular purpose, that fur- 
ther or different sanitary or ventilating provisions, which can 
be provided without unreasonable expense, are required in any 
public school building, he may issue a written order to the 
proper person or authority, directing such sanitary or ventilating 
provisions to be provided. A school committee, public officer 
or person who has charge of any such public school building, 
who neglects for four weeks to comply with the order of said 
state superintendent of public instruction or his deputy, shall be 
punished by a fine of not less than one hundred dollars nor 
more than one thousand dollars. 

(1) Whoever is aggrieved by the order of the state sup- 



STATE OF NORTH DAKOTA 105 

erintendent of public instruction or his deputy issued as above 
provided, and relating to a public school building, may within 
thirty days after the service thereof, apply in writing to the 
board of health of the city, town, incorporated village or school 
district to set aside or amend the order; and thereupon the 
board, after notice to all parties interested, shall give a hearing 
upon such order, and may alter, annul or affirm it. 

§ 5. Ventilating flues and method of constructing same.] 
No wooden flue or air duct for heating or ventilating purposes 
shall be placed in any building which is subject to the pro- 
visions of this act, and no pipe for conveying hot air or steam 
in such building shall be placed or remain within one inch of 
^ny wood-work, unless protected by suitable guards or casings 
of incombustible material. 

§ 6. Approval op plans. By whom and penalty for viola- 
tion.] To secure the approval of plans showing the method 
or systems of heating and ventilation as provided for in section 
2 the foregoing requirements must be guaranteed in the speci- 
fications accompanying the plans. Hereafter erections or con- 
structions of public school buildings by architect or other person 
who draws plans or specifications or superintends the erection 
of a public school building, in violation of the provisions of 
this act, shall be punished by a fine of not less than one hun- 
dred dollars nor more than one thousand dollars. 

§ 7. Eepeal.] All acts or parts of acts in conflict herewith 
are hereby repealed. 

§ 8. Emergency.] Whereas, there being no adequate law 
on the statute books governing the subject matter, therefore an 
emergency exists and this act shall be in force and effect from 
:and after its passage and approval. 

Approved March 6, 1911. 



CHAPTER 9. 

[S. B. No. 285— Davis] 



APPEOPEIATION FOR A TEMPOEAEY EDUCATIONAL COMMISSION. 
AN ACT Establishing a Temporary Educational Commission and Appropriat- 
ing One Thousand Dollars for the Expenses Thereof. 

Be It Enacted by the Legislative Assembly of the State of North Dakota : 

§ 1. For the purpose of studying educational system, both in 
the United States and elsewhere, with a view to the presentation 
-of a report which will form a basis for the unifying and systema- 
tizing of the educational system of this state, including the several 
^secondary schools and higher institutions of learning and the 
Department of Public Instruction, a commission is hereby created 



106 GENERAL SCHOOL LAWS 

consisting of the following members, namely: President of the 
University, President of the Agricultural College, President of 
Valley City Normal, Superintendent of Public Instruction, Lieu- 
tenant Governor, Speaker of the House of K-epresentatives and 
one other member to be appointed by the Grovernor within sixty 
days from the passage of this act. 

§ 2. The commission provided for in Section 1, of this act 
shall report to the Governor and Legislature in December 1912, 
their findings, accompanied by a bill, which shall contain the 
recommendations which it is proposed to enact into law, and may 
make from time to time public reports at their discretion. The 
members of such commission shall receive no compensation other 
than actual and necessary expenses. For the purpose of paying- 
such expenses and the expenses of printing, clerical work and 
travel, there is hereby appropriated the sum of one thousand 
dollars, or as much thereof as miay be necessary, out of any funds 
in the treasury not otherwise appropriated. 

Approved March 17, 1911. 



CHAPTER 35. 

[H. B. No. 210— 'Olsgard of Nelson] 



TO ENCOURAGE ELEMENTAEY EDUCATION. 
AN ACT To Encourage Elementary Education in North Dakota and Ap- 
propriate Money Therefor. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Purpose.] The purpose of this act shall be to aid, en- 
courage, stimulate, and standardize the rural and smaller graded 
schools of this state and thereby increase the efficiency of the 
entire educational system of this state. 

§ 2. Graded, consolidated and rural schools may obtain 
STATE AID.] Any public school in any common school district in 
the state or any public school in any city, town or village, or 
any consolidated school in the state, not entitled to aid as a 
state high school, but fully complying with the conditions of this 
act relating to state graded schools and any public school in any 
common school district in the state not located in any incorpor- 
ated city, town or village, or any consolidated school not en- 
titled to state aid as a state high school or graded school, but 
fully complying with the conditions of this act relating to state 
rural schools, may receive aid as hereinafter provided for state 
graded schools and state rural schools. 

§ 3. Conditions to be complied with by state graded schools 
IN order to obtain aid.] State graded schools shall be of two 
classes, first and second class. First class : In order to be en- 



.STATE OF NORTH DAKOTA 107 

titled to aid as a state graded school of the first class, such school 
shall have complied with the following conditions, namely: 

First, it shall have maintained for the school year next preced- 
ing that for which aid is granted at least nine (9) months 
school. Second, it shall be well organized, having at least four 
departments under the supervision of proficient teachers. The 
principal shall be a graduate of a normal school or other institu- 
tion of higher learning or shall hold a state professional certifi- 
cate and each department of such school shall be taught by a 
teacher having at least a first grade elementary certificate or 
better. Third, it shall have a suitable school building properly 
lighted, heated and ventilated, sanitary and commodious out- 
houses and other necessary accommodations, library and such 
other apparatus as is necessary to do efficient work. Fourth, 
such school shall have a regular and orderly course of study 
and shall include the first two years of a high school course, as 
suggested by the state high school board as well as courses in 
domestic science, manual training and elementary agriculture 
and shall comply with such rules as may be established by the 
state superintendent of public instruction. 

Second class : In order to be entitled to aid as a state graded 
school of the second class, such school shall have complied with 
the following conditions, viz : — 

First, it shall have maintained for the school year nest pre- 
ceding that for which aid is granted at least nine (9) months 
school. Second, it shall be well organized, having- at least two 
departments under the supervision of proficient teachers. The 
principal shall be a graduate of a normal school or other institu- 
tion of higher learning or shall hold a state professional certifi- 
cate, and each department of such school shall be taught by a 
teacher having a first grade elementary certificate or better. 
Third, it shall have a suitable school building, properly lighted, 
heated and ventilated; sanitary and commodious outhouses and 
•other necessary accommodations, a library and such other appar- 
atus as is necessary to do efficient work. Fourth, such school 
shall have a regular and orderly course of study as prescribed in 
the state course of study for common schools, courses in domestic 
science, manual training and agriculture and shall comply with 
such rules as may be established by the state superintendent of 
public instruction. 

§ 4. Conditions for obtaining aid as a state rural school.] 
State rural schools shall be of two classes, first and second class. 

First class : In order to be entitled to aid as a state rural 
school of the first class, such school shall have complied with 
the following conditions, viz : 

First: Such school shall have maintained during the school 
j^ear next preceding that for which aid is granted at least nine 
(9) months school. 



108 GENERAL SCHOOL LAWS 

Second : It shall be taught by a teacher of successful experi- 
ence, holding a first grade elementary certificate or better. 

Third: It shall have a suitable school building, properly light- 
ed, heated and ventilated; sanitary and commodious outhouses 
and other necessary accommodations, a library and such other 
apparatus as is necessary to do efficient work. 

Fourth : Such school shall have a regular and orderly course 
of study as prescribed in the state course of study for common 
schools, including elementary agriculture, and shall comply with 
such rules as may be established by the state superintendent 
of public instruction. 

Second Class : In order to be entitled to aid as a state rural 
school of the second class such school shall have complied with 
the following conditions, namely : 

First : Such school shall have maintained for the school year 
next preceding that for which aid is granted at least eight (8) 
months school. 

Second: It shall be taught by a teacher of successful ex- 
perience holding a second grade elementary certificate or better. 

Third : It shall have a suitable school building, properly light- 
ed, heated and ventilated, sanitary and commodious outhouses^ 
and other necessary accommodations, library and such other ap- 
paratus as is necessary to do efficient work. 

Fourth : Such school shall have a regular and orderly course 
of study as is prescribed in the state course of study for common 
schools, including elementary agriculture and shall comply with 
such rules, as may be established by the state superintendent 
of public instruction. 

Provided, that for the purpose of this entire act, the primary 
certificate shall be considered as the equivalent of the first grade 
elementary certificate ; further, that except in case of the prin- 
cipal teacher, the superintendent of public instruction may, in 
his discretion, recognize teachers holding second grade elemen- 
tary certificates who have had five years of successful experience 
as eligible to teach in any of the schools contemplated by this act. 

§ 5. Application to be made to the county superintendent 
OF SCHOOLS.] Applications from schools for the aid herein pro- 
vided in the case of both state graded and state rural schools 
shall be made to the county superintendent of schools of the 
county in which such schools are located. The county superin- 
tendent shall forward to the state superintendent of public in- 
struction such applications as are endorsed and recommended by 
him, together with a certificate of the superintendent of the 
county wherein the school making such application is situated, 
to the effect that such school has fully complied with the condi- 
tions mentioned in section three (3) of this act in the case of 
state graded schools, and with the conditions mentioned in sec- 
tion four (4) of this act in the ease of state rural schools. 



state op north dakota 109 

§ 6. Inspection by department op public instruction. In- 
spector OP RURAL AND GRADED SCHOOLS. APPOINTMENT, SALARY 

AND EXPENSES. QUALIFICATIONS OP INSPECTOR.] Applications for 
aid of state graded schools or state rural schools which have 
the endorsement and recommendation of the superintendent of 
the county wherein such schools are located shall be filed in the 
office of the state superintendent of public instruction and prior 
to the apportionment of any aid, under the provisions of this act, 
shall be duly inspected by an officer of the department of public 
instruction known as the inspector of rural and graded schools. 
Such inspector shall be appointed by the state superintendent 
of public instruction for a term of two years and shall receive 
a salary of $2,000 a year, together with his necessary and ac- 
tual traveling expenses while in the active discharge of his duties. 
Such salary and expenses are to be paid out of the moneys 
appropriated for the purposes of this act upon presentation 
of vouchers properly verified and approved by the state super- 
intendent of public instruction and filed with the state auditor. 
The inspector of rural and graded schools shall have the educa- 
tional qualifications required by law for state superintendent 
of public instruction and shall have previously served as county 
superintendent of schools in this state. 

§ 7. Amount op apportionment.] Between the first of Au- 
gust and the first of September of each year, the state superin- 
tendent of public instruction shall apportion to each of said 
state graded schools which have fully complied with the provi- 
sions of this act and such additional rules as may be established 
by him, relating to state graded schools, the sum of one hundred 
fifty dollars in each year to state graded schools of the first 
class and to state graded schools of the second class the sum 
of one hundred dollars, and he shall apportion to each of 
the state rural schools which have fully complied with the pro- 
visions of this act and such additional rules as may be estab- 
lished by him relating to state rural schools, the sum of one 
hundred dollars in each year to each state rural school of the 
first class; and to each state rural school of the second class, 
the sum of fifty dollars in each year; provided, however, that 
in case the amount appropriated and available shall not be suffi- 
cient to pay the amounts specified above, then the amount avail- 
able shall be apportioned pro rata among the schools entitled 
thereto and any moneys apportioned under this act shall be 
used solely to increase the efficiency of such schools. Provided, 
also, that but one school of each class in any township shall 
receive aid under the provisions of this act until all of those 
schools applying for aid before August first of each year are 
considered and disposed of. 

§ 8. Additional aid to consolidated schools.] Any consoli- 
dated school, meeting the requirements for a state graded school 



110 GENERAL SCHOOL LAWS 

of the first class shall receive additional aid in the amount of 
one hundred dollars, and any consolidated school meeting the 
requirements for a state graded school of the second class shall 
receive additional aid in the amount of seventy-five dollars; 
further, any consolidated school, meeting the requirements for 
-a state rural school of the first class shall receive additional 
-aid in the amount of fifty dollars and any consolidated school 
meeting the requirements for a state rural school of the second 
«lass shall receive additional aid in the sum of twenty-five 
dollars. A consolidated school, within the meaning of this act 
shall be one organized in accordance with section 832 of the Re- 
vised Codes of 1905. 

§ 9. Records, accounts and rules.] The state superintend- 
•ent of public instruction shall keep a record showing all schools 
applying for and receiving aid as state graded schools or as 
state rural schools in each year, and a detailed account of all 
moneys received by him and disbursed for such purposes. The 
state superintendent is also authorized to establish such addition- 
al rules as shall be found necessary to secure uniformity and the 
best results among the schools receiving such state aid. 

§ 10. Advancement of graded schools op the first class to 

HIGH schools and ADVANCEMENT OF GRADED SCHOOLS OF THE SECOND 
-CLASS TO GRADED SCHOOLS OF THE FIRST CLASS.] 

First Class: When any state graded school of the first class 
in this state attains such a degree of proficiency as to satisfy the 
inspector of rural and graded schools that it has the qualifica- 
tions necessary to entitle it to be advanced to a state high 
school, such inspector may recommend the same to the state high 
school board for such advancement. If the state high school 
board is satisfied that such school complied with all the require- 
ments necessary to entitle it to promotion, said board may raise 
it to a state high school, entitling it to aid as such. 

Second class : When any state graded school of the second 
class in this state has attained such a degree of proficiency as 
to satisfy the inspector that it has the qualifications necessary 
to entitle it to be advanced to a state graded school of the 
first class such inspector may recommend the same to the state 
superintendent of public instruction for such advancement. If 
the state superintendent of public instruction is satisfied that 
«uch school fully complies with all the requirements necessary 
to entitle it to promotion, such superintendent may raise it to 
a state graded school of the first class, entitling it to aid as such. 

§ 11. Report of state superintendent op public instruc- 
tion.] The state superintendent of public instruction shall in- 
clude in his biennial report a comprehensive statement of all 
receipts and disbursements ; the names and number of schools 
in each class receiving aid; the number of pupils attending the 
classes in each and the cost of supervision of all schools receiv- 



STATE OF NORTH DAKOTA 111 

ing aid under this act for the years covered by such report, to 
which may be added an estimate of appropriation needed to 
meet the requirements of this act for the succeeding two years 
and such other recommendations as he may deem useful and 
proper. 

§ 12. Amount appropriated for each class.] For the pur- 
pose of carrying out the provisions of this act the following sums 
are hereby appropriated annually, to be paid out of any moneys 
in the state treasury not otherwise appropriated, viz : For aid 
to state graded schools the sum of six thousand dollars ($6,000) 
annually. For aid to state rural schools the sum of six thousand 
dollars ($6,000) annually and for additional aid to state consoli- 
dated schools the sum of three thousand dollars ($3,000) an- 
nually. For the inspector's salary as hereinbefore provided the 
sum of two thousand dollars ($2,000) annually and for the ac- 
tual and necessary traveling expenses of said inspector the sum 
of five hundred dollars ($500) annually, which amounts, or so 
much thereof as is necessary, shall be paid upon the itemized 
voucher of the state superintendent of public instruction, duly 
certified and filed with the state auditor. Provided, however, 
that in case the amount appropriated and available under this 
article for the payment of aid to such schools shall in any year be 
insufficient to apportion to each of such schools as are entitled 
thereto the full amount intended to be apportioned to state 
graded schools, state rural schools and state consolidated schools, 
then, in such case, such amounts as are appropriated and avail- 
able shall be apportioned pro rata among the schools entitled 
thereto. Provided, the first annual appropriations herein provid- 
ed for such shall become available July first, 1911. 

§ 13. Repeal.] All acts and parts of acts in conflict with 
this act are hereby repealed. 

Approved March 17, 1911. 



CHAPTER 40. 

[H. B. No. 29— Davis] 



AN ACT to Provide for the Establishment and Maintenance of a Depart- 
ment of Agriculture, Manual Training and Domestic Economy in 
State High, Graded and Consolidated Schools. 

Be It Enacted by the Legislative Assembly of the. State of North Dakota : 

§ 1. Schools to maintaest department of agriculture. How 
DESIGNATED.] Any state high school, graded or consolidated 
rural school having satisfactory rooms and equipment, and hav- 
ing shown itself fitted by location and otherwise to do agri- 



112 GENERAL SCHOOL LAWS 

cultural work, may, upon application to the high school board 
be designated to maintain an agricultural department. 

§ 2. Eequirements.] Each of such schools shall employ 
trained instructors in agriculture, manual training and domestic 
science, (including cooking and sewing), and have connected 
therewith, so long as they shall enjoy the benefits of this act, 
a tract of land suitable for a school garden and purposes of 
demonstration, and containing not less than ten acres and located 
within one mile of school buildings. 

§ 3. Instruction to be offered.] Instruction in the indus- 
trial department herein provided shall be free to all residents 
of this state. Where necessary to accommodate a reasonable 
number of boys and girls able to attend only in the winter 
months, special classes shall be formed for them. Said depart- 
ment shall offer instruction in soils, crops, fertilizers, drainage, 
farm machinery, farm buildings, breed^s of live stock, stock 
judging, animal diseases and remedies, production, testing and 
hauling of milk and cream, the manufacture of butter and cheese, 
the growth of fruit and berries, management of orchards, mar- 
ket garden and vegetable crops, cereal grains, fine seeds, book- 
keeping and farm accounts and all other matters pertaining to 
general practice. 

§ 4. Each of said schools shall receive state aid in the sum 
of two thousand five hundred dollars and its proportionate share 
of all moneys appropriated by the national government for the 
teaching of elementary or secondary agriculture in the public 
or high schools of this state, but shall not participate in the 
state aid now being given to the state high schools. Not more 
than five schools shall be aided the first year nor more than five 
be added to the list every two years thereafter. 

§ 5. Appropriation.] For carrying out the provisions of this 
act there is hereby appropriated out of any moneys in the state 
treasury not otherwise appropriated: For the year ending June 
.30, 1912, the sum of $12,500. For the year ending June 30, 
1913, the sum of $12,500. Provided, that no more than one 
school in any county shall be added to the list of state schools 
receiving state aid under this act in any two years. 

§ 6. Extension to rural schools.] For the purpose of ex- 
tending the teaching of agriculture, home economies and manual 
training to pupils in rural schools, and for the purpose of ex- 
tending the influence and supervision of state high or graded 
schools over rural schools, one or more rural schools may be- 
come associated with any state high or graded school maintain- 
ing a department of agriculture, whether or not such high or 
graded school has been designated by the state agricultural high 
school board to receive aid under the provisions of this act. 
Any such high or graded school shall, for the purpose of this 
act, be known as a central school. 



STATE OF NORTH DAKOTA 113 

§ 7. How EFFECTED.] To effect this, proceedings shall be had 
by petition and election on the part of the rural school or schools 
as now provided by law for the consolidation of school districts 
and ballots to vote upon this proposition shall read: 

To associate with District No for the teaching of agri- 
culture and manual training. Yes 

No 

The district or districts easting a majority vote upon the 
approval of such association by a majority of the school board 
of the central school become so associated and the rural school 
or schools together with the central school shall thereafter be 

known as the associated school of for the 

teaching of agriculture and manual training. 

§ 8. Taxes. How levied.] The members of the various 
school boards of the associated schools shall meet on the third 
Monday in June of each year at the central school building to 
act as a board of review and to examine into the amount of 
money expended in each department of work herein provided 
for and to determine the amount of tax which shall be levied on 
the associated rural school district or districts for the purpose 
of maintaining courses of instruction as provided in section 3 
of this act and for the purpose of extending such instruction 
to the pupils of the associated rural schools. Provided, however, 
that the tax shall not be less than one mill nor more than four 
mills in the various rural school districts in the association and 
such tax shall be in addition to other general and special school 
taxes in such rural districts. The amount of such tax shall be 
certified by the chairman of the meeting to the county auditor 
to be by him extended against the property in the respective 
districts and when collected by the county treasurer, such tax 
shall be paid to the treasurer of the central school who shall 
furnish the board of review full and detailed statement of all 
moneys received and expended. 

§ 9. Central board. How orgaiq"ized.] The school board of 
each rural district associated with a central school under the 
provisions of this act shall designate one of its members by 
vote to act with the school board of the central school in carry- 
ing out the provisions of this act as to the teaching of agricul- 
ture, domestic economy and manual training in such schools and 
in all matters pertaining to such instruction both in the central 
school and in the associated rural schools, such member shall 
have equal power with the member of the school board of the 
central school. 

§ 10. Duties op principal.] The principal or superintendent 
of the central school shall have and exercise the same authority 
and supervision over the rural schools as over the central school. 



114 ^ GENEEAL SCHOOL LAWS 

He shall prepare for the associated rural schools a suitable 
course of study embodying training and instruction in agricul- 
ture and such subjects as are related to farm life and can be 
successfully taught in rural schools. 

§ 11. How TERMINATED.] The relationship and obligations 
between the associated rural school or schools and the central 
school may be terminated at any annual school meeting by a 
majority vote of the associated districts, but not until the cen- 
tral school has had at least one year's notice of the intention to 
vote on the question. 

Item $12,500 for year eliding June 30, 1912, vetoed; others 
approved, others approved March 18, 1911. 

PAETIAL VETO. 

Bismarck, March 18, 1911. 

To the Honorable, the Secretary of State : 

I file herewith house bill No. 29, an act to provide for the es- 
tablishment and maintenance of a department of agriculture, 
manual training, and domestic economy in state high, graded 
and consolidated schools, with my approval except as to the item 
$12,500 for the year ending June 30, 1912. This item is vetoed 
for the reason that the revenues of the state have been exceeded 
by the appropriations. 

JOHN BURKE, 

Grovernor. 



CHAPTER 267. 
[S. B. No. 10— Gunderson] 



DUTIES OF HIGH SCHOOL BOAEDS AND INSPECTOES. 

AN ACT To Amend Sections 1031, 1034, 1035 and 1036 of the Eevised Codes 
of 1905, Eelating to Education. 

Be It Enacted by the Legislative Assembly of the State of North Dakota : 

§ 1. Section 1031 of the Revised Codes of 1905 is hereby 
amended to read as follows: 

§ 1031. High school board. How composed and duties.] 
The superintendent of public instruction and the president of 
the state university, and the president of the North Dakota 
aigricultural college, ex-officio, one member to be chosen from 
among the superintendents of the city schools, in which are 
located high schools of first class and one member (male) who 
shall not be officially connected in any manner with the educa- 
tional system of the state, shall be appointed by the governor 



STATE OF NORTH DAKOTA 115 

as herein provided, and shall constitute and be called, ''The State 
High School Board," and shall perform the duties and have and 
exercise the powers hereinafter mentioned. 

One of the members chosen from among the superintendents of 
the city schools of first-class, shall be appointed for a term of 
four years, and one member chosen from among the superin- 
tendents of city schools of first-class shall be appointed for a 
term of two years. The member of the board at large shall be 
appointed for a term of two years ; thereafter, the members shall 
be appointed for a term of four years as provided by law in 
the case of other state boards. 

§ 2. Section 1034 of the Revised Codes of 1905 is hereby 
amended to read as follows : 

§ 1034. High school inspector. How appointed. What 

SCHOOLS to receive STATE AID. APPROPRIATION.] The statc 

high school board shall appoint a high school inspector, whose 
term of office shall be two years, provided, that the inspector 
appointed in 1911 shall hold office for two years from July 1, 
1911. The salary of the high school inspector shall be two 
thousand dollars per annum payable monthly, on warrant of the 
state auditor, from the general fund of the state. The high 
school inspector shall also receive his actual and necessary ex- 
penses incurred in the discharge of his official duties, which 
expenses shall be paid as provided by law out of the general 
fund of the state. He shall visit at least once a year, and care- 
fully inspect the instruction, discipline and general condition 
of each high school of the state and make a written report on 
the same immediately; provided, that no money shall be paid 
in any case until after such report shall have been received and 
examined by the board and the work of the school approved by 
the board. The said board shall receive applications from such 
schools for aid as hereinafter provided, which applications shall 
be received and acted upon in order of their reception. The 
said board shall apportion to each of said schools, which shall 
have fully complied with the provisions of this article, and 
whose application shall have been approved by the board, the 
following sums, to-wit : Eight hundred dollars each year to each 
school maintaining a four years' high school curriculum and 
doing four years' high school work. The sum of five hundred 
dollars each year to each school having a three years' high school 
curriculum and doing three years' high school work. The sum 
of three hundred dollars each year to each school having a two 
years' high school curriculum and doing two years' high school 
work ; provided, that the moneys so appropriated to any high 
school shall be used to increase the efficiency of the high school 
work; provided, that not less than forty per cent of the money 
appropriated must be used in any one year for libraries, labora- 
tories and other apparatus and equipment; provided, further 



116 GENERAL SCHOOL LAWS 

that the total amount of apportionment and expenses except the 
salary and expenses of the high school inspector, under this 
article shall not exceed forty-five thousand dollars in one year. 
The sum of forty-five thousand dollars is hereby appropriated 
annually for the purpose of this article, to be paid out of any 
moneys in the state treasury, not otherwise appropriated, which 
amount, or so much thereof as may be necessary, shall be paid 
upon the itemized vouchers of said board, duly certified and filed 
with the state auditor; provided, however, that in case the 
amount appropriated and available under this article for the 
payment of aid to such schools shall in any year be insufficient 
to apportion each of such schools as are entitled thereto, the full 
amount intended to be apportioned to the high schools of the 
various classes, then, in such case, such amount as is apportioned 
and available shall be apportioned pro rata among the schools 
entitled thereto, 

§ 3. Section 1035 of the Revised Codes of 1905 is hereby 
amended to read as follows : 

§ 1035. No COMPENSATION FOR MEMBERS OF BOARD. EXPENSES. 

Salary of high school inspector.] The members of the board 
shall serve without compensation, but the actual and necessary 
expenses of the board, salary and expenses of the clerk, of the 
examiner and of the readers of the high school board examination 
papers, shall be paid in the same manner as provided by law for 
other state officers. 

§ 4. Section 1036 of the* Revised Codes of 1905 is hereby 
amended to read as follows: 

§ 1036. Discretionary powers.] The high school board shall 
have full discretionary power to consider and act upon applica- 
tions of schools for state aid and to prescribe conditions upon 
which said aid shall be granted, and it shall be its duty to accept 
and aid such schools only as will, in its opinion, if aided, efficiently 
perform the service contemplated by law. Provided, not more 
than five schools in any one county shall have the right to aid 
under the apportionment of the state high school fund until all 
other schools eligible under the provisions of this act shall have 
received their proportionate share of such high school aid. Any 
school once accepted and continuing to comply with the law 
and regulations of the board made in pursuance thereof shall be 
aided not less than three years. The board shall have power to 
establish any necessary and suitable rules and regulations relating 
to examinations, reports, acceptance and classification of schools, 
courses of study and other proceedings under this article. 

Approved March 17, 1911, 



STATE OF NORTH DAKOTA 117 

CHAPTER 264. 

[S. B. No. 304— Talcott] 



A THOEOUGH SYSTEM OF INSTRUCTION IN SCHOOLS. 
AN ACT Eequiring a more thorough and Comprehensive System of Instruc- 
tion in All Common and High Schools of this State, and Providing a 
Penaltj^ for the Violation Thereof. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Writing.] Each pupil in the common schools as they 
shall become sufficiently advanced to pursue the same, shall be 
required to devote at least fifteen minutes practice in writing 
each day during the school year. 

§ 2, Course op study in high schools, selections by pupils.] 
All pupils entering high school shall select one of the courses of 
study offered by said high school, and no pupil shall be per- 
mitted to change said course of study, except by permission of the 
superintendent of said school, or upon request of the parents or 
guardian of said pupil. 

§ 3. Review by senior class, duty op superintendent.] The 
superintendent shall, and it is hereby made his duty to cause to 
be reviewed by each senior class during the second semester, the 
full and complete course of study pursued by said class in the 
grammar grades. 

Approved Mar. 6, 1911. 



CHAPTER 265. 

[S. B. No. 295— Gibbens] 



PROVIDING FOR COUNTY AGRICULTURAL AND TRAINING SCHOOL. 
AN ACT Providing for the Establishment of County Agricultural and Train- 
ing Schools and Their Joint Maintenance by, the State and the County 
Wherein Located and Providing for a Levy of State Tax for the Raising 
of Funds to Meet the State Share of said Cost of Maintenance. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. "Whenever in the opinion of the citizens of any county in 
the state, it shall be deemed wise to establish a county school 
for the purpose of giving instruction in agricultural, domestic 
economy, manual training and for training of teachers for the 
rural schools and a petition containing the names of not less than 
three hundred freeholders is filed with the board of county com- 
missioners, praying for the establishment of such a school such 
board of county commissioners shall at its next regular meeting 
consider such petition and in case such board of county com- 



118 GENERAL SCHOOL LAWS 

missioners decide in favor of establishing such school, such board 
of county commissioners shall submit the question of establishing 
and maintaining such school to the electors of such county either 
at the next general election or they may order a special election 
for the purpose of determining whether such county shall es- 
tablish such school. Such special election shall be held in the 
manner and upon the notice prescribed by law for other elec- 
tions; but the published and posted notices of such election shall 
state its object and the amount of money to be appropriated for 
the establishing of such school. If the majority of all the votes 
cast at such general or special election upon the question of estab- 
lishing such school are in favor of establishing such school, the 
board of county commissioners of such county is hereby author- 
ized to appropriate money for the organization, equipment and 
maintenance of same and to levy and spread on the tax roll a 
sufficient sum to carry into effect the provisions of this act; but 
such sum shallnot be less than ten thousand dollars, nor more 
than twenty thousand dollars, and not exceeding such sum as 
may be recommended by the board of trustees of the county 
agricultural and training school created by this act, which sum 
together with any gift or donation offered by any city or village 
desiring the location of such school shall be sufficient to pur- 
chase a building already constructed or to purchase material 
or labor to erect a new main building and such 'outbuildings as 
may be necessary; said sum may be all levied in one year, or 
the board of trustees of the county agricultural and training 
school created by this act may issue and sell certificates of indebt- 
edness in an amount not to exceed said sum plus any additional 
amount required to pay the interest that may accrue on such 
certificates, which interest shall not exceed six per cent per 
annum and shall be paid annually. Such certificates shall be 
paid in five equal yearly payments and in ease such certificates 
are issued and sold, it shall be the duty of the county board to 
levy and spread upon the tax roll a sufficient sum to pay the 
same as they become due together with accrued interest. 

§ 2. After the establishment of such a school the board of 
county commissioners are hereby empowered and directed to 
levy and spread on the tax roll a sufficient sum to pay one-half 
(%) of the cost of maintenance; it being the intent of this act 
to establish schools, the yearly cost of maintenance each of which 
is not to exceed six thousand dollars per year, and of which the 
state shall pay one-half (l^) and each of such counties one-half 

{V2). 

§ 3. The county treasurer shall be and shall act as the treasurer 
of the board of trustees and all funds levied and collected for 
the purpose of establishing and maintaining such a school shall 
l)e placed in his hands, the same as all other funds and shall be 
paid out, on the order of the president of the board of trustees 
and countersigned by its secretary. 



STATE OF NORTH DAKOTA 119 

§ 4. There is hereby created for any county desiring to es- 
tablish such a school a board consisting of five members to be 
known as "The Board of Trustees" of the county agricultural 
and training school, of which the county superintendent of 
schools shall be a member and of which he shall in all eases act 
as secretary; the other four shall be appointed by the board of 
county commissioners, two of whom shall serve for the balance 
of the school year ending June thirtieth, following their appoint- 
ment and two shall serve until the end of the second school year 
or until their successors are appointed and have qualified. After 
the organization of such board of trustees the terms of appoint- 
ment of the members of such board shall be for a term of tv/o 
years, the terms of two members expiring at the end of each 
school year, but no member of the board of county commission- 
ers shall be eligible to appointment on the board of trustees, 
during his term of office as a member of the board of county 
commissioners. Vacancies occurring in the board of trustees, 
excepting in the case of the county superintendent, shall also 
be filled by appointment by the board of county commissioners 
within sixty days after they occur. 

§ 5. Each person appointed a member of the board of trus- 
tees shall within ten days after notice of such appointment, take 
an oath to discharge his duties faithfully, which oath together 
with a bond, in the sum of two thousand dollars, shall be filed 
in the office of the county auditor. Within fifteen days after their 
appointment the members shall meet and organize by electing 
one of their number president. The members shall receive no 
compensation except their actual expenses while going to and 
from and while attending the meetings of the board of trustees 
and in the necessary discharge of their official duties in estab- 
lishing, equipping and maintaining the school. After having 
determined the amount of money required to establish, equip 
and maintain the school for one year, the secretary shall make 
a report of the estimated amount required, to the county audi- 
tor, in sufficient time to spread on the tax roll, but any such 
amount shall be subject to the approval of the board of county 
commissioners. Should the board of county commissioners deem 
it advisable to sell certificates of indebtedness in lieu of making 
a tax levy, it shall be done as required by section one of this 
act. 

§ 6. There is hereby created a state agricultural and train- 
ing school board which shall consist of the president of the state 
agricultural college, the state superintendent of public instruc- 
tion and three practical farmers who shall be appointed by the 
governor of this state, one of whom shall serve until the end of 
the first school year, one of whom shall serve until the end of 
the second school year, and one of whom shall serve until the 
end of the third school year after the organization of this board ; 
it being the intent of this act after the organization of this 



120 GENERAL SCHOOL LAWS 

board, that the term of each appointed member of this board 
shall 13 e for three years and no two of whose term shall expire 
in the same year. The president of the agricultural college shall 
be president of this board and the superintendent of public 
instruction shall be its secretary. This board shall meet at such 
time and place as its president may direct and shall prescribe 
the course of study to be pursued in the county agricultural and 
training schools, which shall include, first instruction in the ele- 
ments of agriculture including the study of soil, horticulture 
and plant life, animal life on the farm, a system of farm ac- 
counts, and manual training and domestic economy; second, 
instructions in the common branches and such other branches as 
are necessary for the training of teachers in the rural schools, 
in methods of school management and provisions for observa- 
tion and practice in the art of teaching. 

The state board of agricultural and training schools shall de- 
termine the qualifications to be required of the principal and 
other teachers in said school, and the president and secretary of 
the said state board shall each have a vote in the election of, 
and fixing the salaries of the principals of said schools. The 
other teachers shall be elected by the board of trustees of each 
school established under this act. It is provided that the course 
of study in the department of agriculture shall be so framed 
as to co-relate with the courses of study in the state agricultural 
college so that students from the county schools shall be admitted 
without examination to the next higher class in the state agri- 
cultural college next following that which they have completed 
in the county school. The superintendent of public instruction 
and the president of the agricultural college shall visit and in- 
spect each of said schools at least once each year, and make a 
report to the governor, relating to property management, in- 
struction and efficiency of these schools, and make such recom- 
mendations as in their judgment will further the efficiency and 
usefulness of any or all of such schools. 

§ 7. After the board of county commissioners have decided 
to establish a school it may receive offers of location, as well as 
money from each village or city desiring to have a school located 
within or near its boundaries; such offers and location shall be 
examined and considered by the board of county commissioners 
after which the board of county commissioners shall accept in 
the name of the county such site and money or other valuable 
property in aid of establishing a school as in their judgment 
may seem best, receiving to all lands bought or donated for a 
school site a deed in the name of the county. The board of 
trustees shall thereafter proceed to build such school as soon as 
all other requirements prescribed by the act theretofore neces- 
sary have been complied with. 

§ 8. Any school organized under the provisions of this act 
shall be free to residents of the county contributing to its sup- 



STATE OP NORTH DAKOTA 121 

port, but whenever students desire admission to the school in 
sufficient numbers to warrant the organization of special classes 
for their instruction, such classes shall be organized and con- 
tinue for such time as the trustees may direct. The board of 
trustees shall make rules prescribing the conditions under which 
students may enter who are not residents of such county. 

§ 9. When a county has determined as herein provided 
to establish, equip and maintain a county agricultural and train- 
ing school, the trustees, shall through the secretary and presi- 
dent make application to the superintendent of public instruc- 
tion for the establishment of such a school. The application 
shall be accompanied by a certified statement from the chair- 
man of the board of county commissioners, and the county 
auditor, that the necessary tax levy will be made for the estab- 
lishment and maintenance of such school. Such application shall 
be referred to the state board of agricultural and training 
schools, who shall determine as to its acceptance or rejection. 
If the application from any county for the establishment of 
such school is granted by them, and when subsequently all the 
provisions of this act are complied with by the county board 
and board of trustees, the county agricultural and training school 
shall be considered as established in and for such county, and 
shall upon its compliance with the other provisions of this act 
receive aid from the state as provided herein. 

§ 10. On the first day of July in each year the secretary of 
each county agricultural and training school board of each coun- 
ty maintaining a school on the approved list shall report to the 
state superintendent, setting forth th ef acts relating to the cost of 
maintaining the school, the character of the work done, the number 
and names of teachers employed and such other matters as may 
be required by the state board of agricultural and training 
schools. Upon the receipt of such report, if it shall appear that 
the school has been maintained in a satisfactory manner for a 
period of not less than nine months during the year closing on 
the thirtieth day of the preceding June, the superintendent of 
public instruction, as secretary of such board shall make a certi- 
ficate to that effect and file it with the state auditor. Upon 
receiving such certificate the state auditor shall draw his war- 
rant payable to the treasurer of the county maintaining such 
school a sum equal to one-half (%) the amount actually expended 
for maintaining such school during the year; provided, that the 
total amount as apportioned shall not exceed three thousand dol- 
lars in any one year. 

§ 11. Any person who shall complete in a satisfactory man- 
ner the course of study prescribed for any county agricultural 
and training school and who shall be of good moral character 
shall receive a certificate signed by the principal of the school 
and by the members of the county training school board. Such 
certificate shall certify that the person named therein has sat- 



122 GENERAL SCHOOL LAWS 

isfactorily completed the course of study prescribed for the 
county school and is of good moral character; it shall also con- 
tain a list of the standings secured by the person on the com- 
pletion of such studies pursued in the school. Such certificates 
shall have the force and effect of a second grade certificate issued 
by the county superintendent of the county in which the school 
is located, for a term of two years from the date of its issue ; pro- 
vided that in case the holder thereof has never taught or cannot 
furnish satisfactory evidence of having successfully taught for at 
least one school year in the public schools of this state, said 
certificate shall be of full force and effect for one year only from 
its date of issue. "When satisfactory evidence of successful 
teaching for at least one year upon said training school certi- 
ficate shall be furnished to the county superintendent, said super- 
intendent shall remove the limitation, whereupon the training 
school certificate shall have the full force and effect of a teacher's 
certificate of the second grade for two additional years. Any 
school superintendent or ofScer authorized to grant certificates 
to teachers in North Dakota is hereby authorized in his discre- 
tion to accept standings obtained by the completion of studies 
in any county and agricultural training school in lieu of actual 
examination by said superintendent or examiner at any time 
within three years from the date of the certificate of completion 
of the course by the person desiring to have such standings ac- 
cepted. This provision shall apply to certificates of second 
grade. 

§ 12. The county boards of two or more adjoining counties 
may unite in establishing and maintaining agricultural and 
training school for teachers for the purpose and on the general 
plan as provided for in section 1 of this act, and may appropriate 
money for its maintenance, and whenever two or more counties 
unite in establishing such school the county superintendent of the 
county in which the school house is situated shall be ex-officio 
secretary of the board, and the board of trustees shall consist of 
two members appointed from each of the counties so uniting in 
establishing and maintaining such school and no member of any 
board of county commissioners shall be eligible. 

§ 13. Whenever two or more counties -unite in maintaining 
and establishing such school the board of trustees provided for 
in such cases shall determine the amount of money necessary for 
the maintenance and equipment of the school for the next succeed- 
ing year and annually thereafter. They shall apportion the 
amount to be raised by taxation among the counties in propor- 
tion to the assessed valuation of the real and personal property 
in each county as fixed b}' the state board of equalization and shall 
report to the county auditor of each county on or before the first 
Monday of May in each year, the amount of apportionment so 
fixed, and such apportioned amount shall be levied by the board 



STATE OP NORTH DAKOTA 123 

of county commissioners of each county for the ensuing year 
for the support of such schools. 

§ 14. The county treasurer of the county in which the school 
is located shall be ex-officio treasurer of the agricultural and 
training school board, and all moneys appropriated and expended 
under the provisions of this act shall be expended by the board 
of said county training school and shall be paid by the said county 
treasurer on orders drawn by the secretary and countersigned 
by the president. 

§ 15. For the purpose of providing funds for the payment of 
such claims as the state hereby obligates itself to do and the 
warrants thereon drawn, there is hereby created a fund to be 
known as the state agricultural and training school fund. 

§ 16. It shall be the duty of the state board of equalization 
at the time of the levy of the annual tax to estimate the amount 
required to pay the state's share of the cost of maintaining the 
county agricultural and training schools established under the 
provisions of this act, and to levy a special tax of not to exceed 
one-fifth (1-5) of one mill on the dollar upon the assessed valua- 
tion of all property in the state, which tax when collected shall 
be paid into the hands of the state treasurer who shall at once 
enter the same into the state agricultural and training school 
fund. Said fund shall be preserved inviolate for the payment of 
the state claims provided herein. 

Approved March 6, 1911. 



INDEX 



ACCOUNTS— Section • Page 

County treasurer to keep with school corporations 113 39 

Form of, for district treasurer _ Ill 38 

ACTIONS— 

Brought in the name of the state 301 94 

Compulsory attendance law, for violation of 235 74 

District treasurer failing to pay over money 239C 76 

State 's attorney to prosecute for non-attendance.— 235 74 

Who may institute, on school treasurer's bond 66 27 

ACTS LEGALIZED— 

Indebtedness and warrants legalized 308 96 

Must be within debt limit 309 96 

Pending actions not affected 309 96 

Eefunding bonds legalized 308 96 

ACTS REPEALED— 

Certain sectLoms enumerated 310 97 

ADDITIONAL SCHOOL TIME— 

When additional time may be granted 85— 32 

ADJACENT TEEEITORY— 

How attached to common school district 39 18 

To special district 133 44 

ADVEETISING— 

Proposals for building school house 230 72 

For depository of school funds 922 98 

AGE— 

Compulsory attendance 232 73 

Deaf and feeble minded, compulsory attendance 232 73 

Eequired for elementary certificate. 249, 250 77, 78 

For professional certificate 251 78 

AGEICULTUEAL SCHOOLS ESTABLISHED— 

Appropriation for agriculture in schools 5 112 

For each of five schools 4 112 

Associated schools established how 7 113 

Central schools established 6 112 

Central board how organized 9 113 

Duties of principal of central school 10 113 

Course of study for associated school prescribed 10 114 

Extension of privilege to rural schools 6 112 

Instruction offered in agricultural schools 3 112 

Other subjects besides agriculture 6 112 

Partial veto of the act 114 

Eelationship of associated schools terminated how.. ..11 114 

Eequirements to receive benefits of the act 2 112 

Schools eligible to benefits of the act 1 Ill 

Taxes of associated schools, how levied 8 113 



126 INDEX 

ANNEXATION— Section Page 

County commissioners may annex territory 40 IS 

To a special district -. 133 44 

APPEALS— 

Applicant for certificate may appeal, luw 260... 81 

From decision of county superintendent 29 16 

Practice, state superintendent shall prescribe 6 : 12 

State superintendent decides appeals ., ._ ....6 12 

APPORTIONMENT— 

Basis of, of tuition funds -110 , 37 

County tuition fund by countj^ superintendent 118 41 

State tuition fund, by county superintendent 27 16 

State superintendent apportions when 103 35 

Withheld when 107, 109 36, 37 

APPROPRIATIONS— 

Educational commission, expenses of.. ..;... 2... 10& 

Graded and ruial schools, aid for 12 Ill 

Institute fund, state appropriation 280 87 

Schools having departments of .agriculture 5 112 

State high school as aid 1034 116 

ARBITRATION— 

(See Board of Arbitration) 

Board constituted 217 67 

Divides property of the districts concerned 218 67 

ASSESSORS— 

County superintendent to furnish maps 25 16 

ASSESSMENTS— 

(See Taxes) 

ASSOCIATIONS— 

County teachers' association 21 15- 

State Association, proceedings to be published ..15 14 

Teachers may attend 288 ^ 89 

ATTENDANCE— 

Compulsory age for ..232 73 

Length of time pupil must attend 232 73 

Penalty for failure to comply with the law 234.. 74 

For failure of officer to enforce law 235 74r 

Who are exempt from compulsory attendance 232 73 

BALLOTS— 

Form of, for election on bonds ..223 69' 

For formation of special district ..126 43 

For consolidation of schools 84 32 

To divide and form special district 126 43 

BANKS— 

Designated as depositories 923.. 98 

In special districts rl68... 54 

BIBLE— 

Not a sectarian book, teacher may read 276. 86 

BLANKS— 

Distributed by county superintendent 21 15 

Prepared by superintendent of public instruction 4 12 



41 



INDEX 127 

BLIXD AND DEFECTIVE— - Section Page 

Enumeration of, by school board 89 33 

BOAED OF ADJUSTEES— 

How composed and duties 121 

BOAED OF AEBITEATION— 

Appointment of members of board 217 67 

Duties of such board 218 67 

Members of the board - -217 67 

Taxes levied by, to pay award - 218, 219 .— 67 

Collection of taxes so levied - 220 68 

BOARD OF EDUCATION— 

(See Common School District Board) 

(See topic under Special District, and Independent District) 

BOARD OF EDUCATION IN CERTAIN CITIES— 

Arbitration on change of bvoundaries 211.... 66 

Board elected at large .— .....205 65 

Elected at large 205.... 65 

Election, how conducted 207 65 

'Independent organizations abolished, how 209 65 

Old school officers hold over 210 66 

Eelatives not eligible as teachers 208 65 

Term of office of board members 20G 65 

BOARD OF EXAMINERS— 

(See State Board of Examiners) 

BOARD OF INSPECTION— 

Who constitutes, and duties of board 80 30 

BONDS OF COMMON SCHOOL DISTRICTS- 

Bonds, denomination of 224 69 

Building contracts let on bids 230... 72 

Cancelled bonds recorded 229 72 

Certificate of county auditor required 225 70 

County auditor may levy tax when .228 72 

Depository of sinking fund — 226 71 

How selected -236 71 

Election for issue of bonds 222 68 

Ballot for election for bonds 223 69 

Galled on petition only .223..... 69 

Notice of election on bonds 223 69 

Not to be resubmitted in same year 223 69 

Form of bonds - 225 69 

How issued 222 68 

Issued for previous indebtedness, mav be 231 72 

Limit of bond issue -". - 224 69 

Negotiated how 227 71 

Purpose of bond issue ~.-.. - 222 68 

Record of bonds to be kept .....225 69 

Register of bonds 225 70 

Sinking fund for payment of bonds 225........ 70 

Statement from district officers 225 70 

Tax levy for sinking fund and interest 226 70 

Treasurer exempt from liability, when ...226 71 

BONDS— 

Of special district (see under Special District) 

Of independent district (see under Independent District) 



128 INDEX 

BONDS, OFFICIAL— Section Page 

Action on school treasurer's bond 66 27 

Bank, must give bond as depository 923 98 

City treasurer as treasurer of independent district.... 196 62 

Oontriacitors, for building must give bond 230 72 

School treasurer's bond - 62 25 

Additional bond required when 63 25 

Surety bond, and premium how paid 631/4 25 

Treasurer of special district gives bond 149 49 

Where bonds are filed 66 26 

BOOKS— 

Free text books - 285 88 

List for libraries, furnished by whom .....4 12 

Text books approved by state superintendent 285 88 

BOUND AEIES— 

County commissioners may rearrange 431/4 19 

How changed - 43 19 

By annexation of part of town 40 18 

New districts receive what boundaries ...44 20 

Of independent school districts 180 57 

Of special district how changed 133 44 

BEANCHES OF STUDY— 

(See Studies) 

CENSUS, SCHOOL— 

Enumeration, taken when and how 89 — 33 

In special district 144 48 

Report sent to whom 90 33 

CERTIFICATES— 

Accredited work 257 80 

Appeal of applicants 260.. 81 

Diplomas accredited, state institutions 254 79 

Disposition of fees for examination ..266 83 

Examination by county superintendent 259 81 

Fees for certificates .265 82 

Grrades of certificates 248 77 

First grade elementary certificate 250 78 

First grade professional certificate 252 — 78 

Second grade elementary certificate ...249 77 

Second grade professional certificate 251.. 78 

High school diplomas accredited, when 258 81 

Issued by state board of examiners 247 77 

Other diplomas accredited 255 80 

Papers kept on file, how long .....260 81 

Permits issued when and to whom 256 80 

Pupils from agricultural schools, standings of 11 122 

Qualifications of teachers 261 81 

Recorded in the office of county superintendent 262 82 

Reexamination of papers when 260 81 

Revoked, when .....:.263.. 82 

How revoked 264.. 82 

' Special certificates 253 .— 79 

Teacher must hold certificate to teach 262 82 

When revocable 263 83 



INDEX 129 

CHILD LABOR— Section Page 

Age when unlawful to employ children 291 90' 

Evidence of age furnished when 292 90' 

Certificate of employment what to contain 295 92 

Employment certificate what to contain 295 92 

Issued on what evidence 294 91 

Must be exhibited to whom .292 90 

Must be kept on file 292 90 

Who may issue certificates 293 91 

Employments prohibited ..299 93 

Evidence of age furnished 292 91 

Hours of labor, for employment of child ...297 92 

(Inspection of places of work 298 93 

Lists of children employed must be posted 292 91 

Lists accessible to whom , 292 91 

Penalty for violating provisions of this act 300 94 

Prosecutions, how brought 301 94 

Qualifications of the child for certificate 294 92 

School record of child shall contain what 296 92 

CITY COUNCIL— 

Ordinances as to property of independent district.... 204 65 

CITY TEEASUEEE- 

In special districts is treasurer 147 49 

Is treasurer of independent district 196 62 

Moneys of district paid to, when 195 61 

CLEEK OF SCHOOL DISTEICT— 
(See District Clerk) 

COMMON SCHOOL DISTEICT— 

Apportionment forfeited when 109 37 

Attached to other district when 39 18 

Bonds, (see Bonds of Common School District) 

Boundaries, changed how — - 43 19 

General changes 43 1/^ 19 

Conditions on which organized 38 18 

Consolidated, when and how 84 32 

Contracts of, irregular ratified 47 21 

County commissioners, duties of 43%. 19' 

County treasurer, accounts with 113 39' 

Divided, when by natural object 39 18 

Division to form special district 130 43 

Each district a corporation 37.— 18 

Election of officers 48 21 

(See Election of Officers in Common School Districts) 
Election on bonds (see Bonds of Common School District) 

Having no school board, indebtedness how paid 121 41 

Irregularities legalized 47 21 

May sue and be sued 37 18 

Name of district 42 19' 

New districts, how formed 44 20' 

In adjacent counties 44 20 

Public notice how given 45 20 

Not entitled to tuition fund, when 107, 109 36, 37 

Numbers of 42 19 

Old numbers retained 42 19' 

Officers in a new district 48 21 

Petition for organization 38 18 

Plats prepared by county auditor 46 20 



130 INDEX 

COMMON SCHOOL DISTRICT— (Continued) Section Page 

Schools shall be free and accessible 233 74 

Small territory attached to adjacent district 41 19 

Territory in two counties, how divided .39 18 

Town or village divided by county line 40 18 

.What conistitutes a common school district 37 18 

What territory may be organized into a school dist 38 18 

COMMON SCHOOL DISTRICT BOARD— 

Action on treasurer's bond :66 27 

Additional branches of study ....75 29 

Additional school time .....85 32 

Annual report 91 33 

Annual settlement with treasurer .111 38 

Arranges school terms S3 31 

Bonds, may purchase outstanding 226 71 

Branches of study, additional 75,... 29 

Cancellation of paid bonds .....229 72 

Census, shall take and how taken 89.. 33 

Clerk of school board 57 24 

Compensation of clerk 61 24 

Duties of clerk ..61.—. 24 

Vacancy in office of clerk 215 67 

Compensation of officers 59... 24 

Consolidation of schools 84.... 32 

Contracts, members not to be interested iu 239 75 

Course of study, and additional branches 75 29 

Depositories, may designate 921 97 

District high school may establish 86 32 

Employ and dismiss teachers 72 28 

Equalization of indebtedness 217 67 

Establishes schools 68 27 

Fences, to provide when 98 34 

Fire escapes, must provide 94 34 

Duty of what officers 95 34 

Penalty for neglect of this duty 96 34 

Fixes length of school term S3 31 

Free text books, may furnish 285 88 

When and how provided 286 89 

Funds, treasurer pays out when 63% r 26 

Furniture and apparatus, board must provide 70 27 

General powers of the board 67 27 

Gnovernment and discipline, may prescribe rules 74 29 

Grades salaries of teachers 72 28 

Hitching posts^ must provide 100 35 

Health and decency, duty in regard to 290 90 

How constituted 58 24 

Indebtedness equalized ..217 67 

Kindergarten, may establish when 289 89 

Length of school year fixed by board , 83 31 

Library, make provision for 70 27 

Care of library 71 28 

May appoint librarian 71 28 

Meetings, regular and special 59 24 

New school for remote pupils 82 31 

Oath of office 56 23 

Oath and bonds filed with clei'k 66 26 

Organization of the board ....57 24 

Physical education, make provision for ..278 86 

Powers of board, general '. 68, 69, 70 27 



INDEX 131 

COMMON SCHOOL DISTEICT BOAED— (Continued) Section Page 

President, duties of 60 - 24 

Proposals for building school house 230 72 

Pupils from other districts, may admit when.. 73 28 

Prom unorganized territory 73 2& 

Assigns and transfers pupils 73 29 

Conveying and transiTortation of pupils S-i 32 

Eules of discipline for pupils 74 29 

Suspends and expels pupils for cause 74 29 

Purchase of site for school house how .81 31 

Quorum 58 24 

Eecords open to inspection 92 34 

Must be kept in English 93 34 

Eemote pupils, new school for 82 31 

Eepairs, fuel and supplies, to furnish 69 27 

Eeport on library facts 71 28- 

School house site, how obtained 81 31 

Area of school house site ...81 31 

School house and site, new, how determined 78 29 

Plans, how obtained 79 30 

Special election, how called 79 30 

School house used for other purposes 77... 29 

Schools established for remote pupils 82 31 

Speculation in oflS.ce prohibited 239 75 

Stables in rural districts 100 35 

Tax levy made by board 76, 115 29, 40 

For sinking fund and interest 226 70 

Teachers employ and dismiss 72 28 

Grade salaries of 72 28 

Text books free, powers of board 285 88 

Treasurer, additional bond when 63 25 

Bond of treasurer ..62 25 

Surety bond accepted 63% 25 

Premium how paid 631/4 26 

Pays on warrants only 63% 26 

Salary of treasurer 661/4 ^7 

Eeport of treasurer Ill 38 

Warrants endorsed when 64 26 

Vacancy in oflflce of treasurer when 62 25 

Warrants must specify purpose of issue 65 26 

Trees, duty of board to plant 97 34 

Funds for tree planting 99 35 

Tniant ofificer, board may employ when 235 74 

Vacancies how filled 214 66 

What constitutes 'the board 58 24 

COMPULSOEY EDUCATION— 

Age for compulsory attendance -232 73 

County superintendent helps to enforce 235 74 

Defective children sent where 232 73 

Distance for compulsory attendance 232 73 

Exceptions in compulsory attendance 232..... 73 

Exempt for religious duty when 232 74 

Medical inspection permitted 236 74 

Penalty for neglect 234 74 

Prosecution for neglect 235 74 

CONDUCTOE— 

Institute conductor appointed by whom 280 '. 87 



132 INDEX 

CONSOUIDATED SCHOOL— Section Page 

Defined 84 32 

Entitled to additional state aid when 8 109 

•CONSOLIDATION OF SCHOOLS— 

Arrangements made by school board 84 32 

Election to vote on consolidation 84 32 

Conduct of election 84 32 

Distance for compulsory attendance 232 73 

CONSTITUTIONAL PEOVISIONS— 

Applying to education and schools — 8 10 

CONTRACTORS— 

Must give bond for building .230 72 

CONTRACTS— 

Advertise for bids before letting 230 72 

How let by board in special district 152 50 

Officers not to be intereste<i in 239 : 75 

In independent district not interested in 185 58 

Of irregular district ratified 47 21 

Proposals for contract 230 -.. 72 

Teachers', contract must be in writing 72 28 

Is void when 262 82 

CONVEYANCE— 

Of real estate in independent district 200. 64 

CORPORATION— 

Each district a corporation 37 18 

•COUNTY AGRICULTURAL AND TRAINING SCHOOLS— 

Application to establish school sent where 9 121 

'Statement to accompany application 9 121 

Board of trustees created 4 119 

Appointed by county commissioners ...4.. 119 

Builds schools when 7 120 

Consists of what members 4.. 119 

County superintendent a member ex-ofi&cio 4 119 

No compensation to members 5 119 

Oath of member of board of trustees 5.... 119 

Term of office of appointed members 4 119 

Vacancies how filled 4 119 

Certificate of completion of course given ...ll 121 

Certificate limited when 11 122 

Has value of second grade certificate when 11... 122 

Certificates of indebtedness may be issued when 1 118 

Cost of maintenance borne by county and state 2 118 

County school how established 1 117 

Construction of buildings 1 118 

Election to be held 1.. 118 

Issue of certificate of indebtedness 1 118 

Tax to be levied, and amount 1.... 118 

County treasurer is treasiirer of board of trustees 3 118 

Is treasurer of united school 14 123 

Donations of site and money may be received 7. 120 

Fund creiated by the state 15 123 

Levy for state fund 16 123 

Inspection of agricultural schools ...6 120 

Levy for state fund for agricultural schools 16 123 



INDEX 133 

COUNTY AG-RICULTURAL AND TEAINING SCHOOLS— (Continued) 

Section Page 

Quialifieations of teacherss in agricultural schools 6 120 

Eeport of secretary to state superintendent 10 121 

Schools free to residents of the county 8 120 

Standings accepted by certificating ofl&cers 11 122 

State agricultural school board oonstituted 6 119 

Duties and officers of the board 6 119 

Two or more eiounties may unite to establish school ....12 122 

Taxation for union school 13 122 

Treasurer for union school ^r .1^ - 123 

Warrant for state appropriation drawn when 10 121 

COUNTY AUDIT OE— 

Calculates levy of one-mill tax 304 95 

Certificate required on bonds issued 225 70 

Draws warrant for institute fund when 279 86 

Extends levy of independent district 192 60 

Levies tax to pay bonds when 228- 72 

To furnish school district plats 46 20 

COUNTY COMMISSIONEES— 

Appoints trustees of agricultural school 4 119 

Forms new school district when 44 20 

Hold election for agricultural school 1 118 

May establish agricultural school l.... 118 

Levy of tax for such school 2.-.. 118 

May rearrange boundaries of school districts 43 19 

COUNTY officials- 
No commission or reward, shall receive 1 102 

Penalty for violation 1 102 

COUNTY SUPEEINTENDENT OF SCHOOLS— 

Absence from the county 36 17 

Action on district treasurer's bond 66 27 

Administer oaths^ power to 30 16 

Apportions the tuition funds 27 16 

Application for aid to rural and graded schools 5 108 

Advises and directs teachers 20 15 

Blanks, distributes to school of&cers 21 15 

Calls election on special district 124 42 

Carries into effect instructions of state supt 21 15 

Certified statement of numbea- of schools, files 282 87 

Compulsory education, duties in enforcing 235 74 

Convenes teachers for instruction 21 15 

County superintendents ' meetings, to attend 7 12 

Consults state superintendent about institutes 281 87 

Decides questions of school law 29.... 16 

Deputies, may appoint 33 17 

Salaries of deputies 33 17 

Distributes blanks to school officers 21 15 

Duties of 19, 20, 21 14, 15 

Election of ...17 14 

Elections, duty in first election in common district. ...49 21 

Formation of special district 125, 129 43 

As to result of election 127 43 

Enumeration sent to whom 90 33 

Examines teachers for certificates 259 81 

Fills vacancies in district offices 214 66 



134 INDEX 

COUNTY SUPEEINTENDENT OF SCHOOLS— (Continued) 

Section Page 

Furnishes assessors with maps of districts 25 16 

General duties 19, 20, 21. 14, 15 

Institute fund, how create 279 86 

Statement of institute funds 279 86 

Instructs officers in record Iteeping 22 15 

Lists of officers to be filed 26... 16 

May organize teachers' training school, how 281 87 

Medical inspection, duty to aid in 236 74 

Meeting of superintendents, to attend 7 12 

Member of board of trustees agricultural school 4 119 

Mileage of superintendent and deputies 34 17 

Notify district treasurer of apportionment 110 37 

Oaths, may administer when 30 16 

Office, stationery, etc 28 16 

Officers meetings, annual 23 15 

For record keeping 22 15 

Plats and mia.ps furnished to assessors 25. 16 

Preserves documents 24 15 

Qualifications of county superintendent 18 14 

Eecord of official acts 24 15 

Eecord of visits 20 15 

Eeport to the state superintendent 32 16 

Eeports delinquent teachers when 31 16 

Salary 34 17 

School law, decides questions of 29 16 

Seal of county superintendent 24 16 

Shall not absent himself from the county 36 17 

Special districts, calls election to form 125 43 

Supei'vises common schools 19 14 

Teachers, advises 20 15 

Convenes for instruction 21... 15 

Teachers' institute, gives notice of 273 85 

Term of office 17 14- 

Vacancies in office filled by 214 66 

Vacancy in office of, how filled 213 66 

Visits and inspects schools 20 14 

Withholds county tuition fund when 107 37 

COUNTY TEEASUEEE— 

Acting district treasurer when 62 25 

Is treasurer of county agricultural school ....3. 118 

Keeps accounts with school corporations 113 39 

Negotiates bonds when 227 71 

Notifies clerk when money drawn 112 39 

On equalization board when 217 67 

COUESE OF STUDY— 

For common schools prescribed 5 12 

CEEDIT GIVEN— 

For reading circle work .284 88 

From agricultural schools 11 121 

On diplomas of higher institutions 255 80 

On high school diplomas 258. 81 

On normal diplomas 254 79 

On standings of summer schools, etc 257 80 



INDEX 135 

CURATIVE ACTS— Section Page 

Indebtedness and warrants legalized 308 96 

Previously organized districts declared legal .. — 47 21 

Eefunding bonds legalized 308 96 

DEBT LIMIT— 

Bonds and other indebtedness 224 69 

Must not be exceeded by certain bonds 309 — . 96 

DEFECTIVES— 

Compulsory education of 232 73 

DEPOSITOEIES— 

Additional bond required when ...923 98 

Approval of bond of depository 923 98 

Board designates depository 921 97 

Bond approved by district judge when 923 — 98 

Bonds of depository 923 98 

Checks, how signed ........932 100 

Depositories chosen how 921 97 

Equal bids, duty of the board ..-924. 99 

Equal balances in two or more banks 925 99 

Exceptions to the law 935 101 

Funds deposited in whose name .....929. 100 

Funds to be deposited 920 97 

Highest bid to be accepted ...923 98 

How time depository selected 927. 99 

Interest credited when 931 100 

Limit of interest to be paid 928 100 

Minimum amount to require deposit 935 101 

Monthly .statement must be furnished by bank 931 100 

Penalty for violation of this law 930 100 

Proposals for deposit of funds 922 98 

Treasurer exempt from liability when depotsit made 934. 101 

Violation of law a misdemeanor 936 101 

When bids not required 933 100 

When time deposits may be made ....926 99 

Where there is one bank or no bank 933 100 

DEPOSITORY OF SINKING FUND— 

How chosen and report 226. 71 

DEPOSITORY, SPECIAL DISTRICT— 

For sinking fund how chosen 168 54 

DEPUTIES— 

County superintendent may appoint, salary of 33 — 17 

State superintendent may appoint 16 14 

DISCONTINUANCE— 

Of school term, when 83 31 

DISTRICT CLERK— 

Appointment of by board 57 24 

Compensation and duties 61 24 

Duty as to bonds 225, 229 69, 72 

False reports, penalty for .240 76 

Notify county auditor of tax levy 76, 116 29, 40 

Notice of election of ofScers, to give .-55 23 

Vacancy sent to whom 214 66 

Post notice of election 52..... 22 



136 INDEX 

DISTEICT CLEEK— (Continued) Section Page 

Records open to the public 92 34 

Tax levy, notice to county auditor 76 29 

Vacancy, how filled ,. 215 67 

DISTRICT HIGH SCHOOL— 

How established and controlled 86 32. 

Adjacent districts may join 88 33 

Length of term in district high school 87 32. 

DUTIES OF TEACHERS— 

ASiSignment of studies : 275 85' 

Bible, reading of 276 86- 

Branches to be taught 271 84r 

Certificate, must have 268 84 

Certifioate must be recorded 262 82 

Certificate, or permit to whom granted -261 81 

May be revoked for cause 263 82 

Contract must be in writing 72 28 

When void 262 82 

Delinquent teachers reported by whom 31 16- 

Examination for certificate 259 81 

Dates of examination .•259 81 

Excused from attendance at institute when 273 85 

Grades pupils 275 85 

Holidays, what are 270 84 

Humane treatment of animals, must teach 272 85 

Institute and training school,, must attend 273 85 

Kindergarten teacher must hold certificate 289 90 

May suspend pupil, duty in such case 274 85' 

Must hold certificate 268 84 

Moral instruction, must be given 277 86 

No compensation, when 268 83 

Notice of opening and closing school .' 267 83 

Penalty for failure to attend institute 273 85 

Physical education, instruction in must be given ....278 86 

Qualifications of teachers 261 81 

Reexamination of papers, when 260 81 

Register, what to contain 269 84 

Relative of the board may teach when 67 2T 

Report to county superintendent ......269 84 

School year and school week defined 270 84 

Superintendent of city school supervises 2661/4.-- 83 

Wages held back when 269..' 84 

Writing must be taught 1 117 

EDUCATIONAL ASSOCIATION— 

Proceedings to be published -• 15 14 

Teachers and superintendents may attend 288 89 

EDUCATIONAL COMMISSION— 

Commission created and its personjiel 1 105- 

Purpose and report of commission 1 105 

ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICT— 

Canvass of votes -54 23 

Certificate of election i 55 23 

Conduct of election 54 23 

Election ofiicers 53 23 

Vacancy, how filled 53 23- 



INDEX 



137 



ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICT— (Contcl.) 

Section Page 

First election, called by county superintendent 49 21 

Election officers, first election 49 21 

Notice of election - 52 22 

Posted fourteen days 52 22 

Oath of election officers 53 23 

Oath of school officers 55 23 

Officers to be elected .- -48 21 

At first election 48 - 21 

Who may be officers 50 22 

Polls open, hours of election 51 22 

Tie, how determined 54 28 

Voters, who are 50 22 

ELECTIONS— 

By secret ballot 129 9 

Build or remove school house - 79 — 30 

Certain cities, schoiol officers how elected 205 — 65 

Consolidation of schools - 84 32 

County agricultural schools, to establish 1.... 118 

District high school, to establish 86 32 

First election in new district 49 21 

First officers in new special district 137 46 

Independent district, to create .- - 177 56 

Officers of common school district (see preceeding topic) 
Officers of independent school district 

(See under Independent School District) 
Officers of Special district 

(See under Special District) 

Question of conveying pupils 84 32 

School houses and sites, to determine 829 -. 101 

Special district, to form 124, 127 42, 43 

ELECTION FOR BONDS— 

Bonds of common school district, to issue 222 68 

Ballot for election on bonds 223 69 

Called only on petition 223 69 

Notice of election on bonds 223 — . 69 

Bonds for special district, election for 165 52 

ELIGIBILITY— 

To hold office or vote ..-50 22 

EMBEZZLEMENT— 

Use of school funds is, when 239B 75 

EMINENT DOMAIN— 

Exercise of for school site 81 31 

EMPLOYMENT CERTIFICATES- 

Contents of certificates 295 92 

Must be kept on file and accessible ....292 90 

On what issued - 294 91 

Who may issue 293 91 

ENABLING ACT— 

Pro^nsions for education 6 



ENGLISH LANGUAGE— 

Must be the medium of instruction 93 34 

Records must be kept in 93 34 



138 INDEX 

ENUMERATION— Section Page 

(See Census) 

EQUALIZATION OF INDEBTEDNESS— 

Arbitnation board constituted 217 67 

Maximum tax levy for equalization 219 67 

For all purposes 221 68 

On change of boundaries 130 43 

Property to be considered 217 67 

Tax levied to equalize 218 67 

Proceeds of tax turned over to district 220 68 

Special district must equalize on change of 

boundary 130, 133 43, 44 

Special district by -special act must equalize 211 66 

EVIDENCE— 

Clerk's record or transcript is, when 143 47 

EXAMINATION— 

(See Certificates) 

EXPENDITURES- 

Must not exceed revenues (Independent District) 198 63 

FEEBLE MINDED— 

Compulsory education of 232 73 

Enumeration of 89 33 

FEES— 

For teachers' certificates 265 82 

FINES AND PENALTIES— 

Compulsory attendance, failure to comply 234 74 

Contracts without advertising for bids 240 76 

County officer for receiving commission 1 102 

Disturbing school 241 76 

Embezzlement of funds 239B 75 

Failure to comply with sanitary orders 2 104 

Failure to endorse unpaid warrants 239D 76 

Failure to install fire escapes 96 34 

False election returns 238 75 

False reports 240 76 

Neglect of duty 237 75 

Removing school furniture 77 29 

Speculation in office 239 75 

Teacher not attending institute 273 85 

Unlawful drawing of school money 239A 75 

Unlawful use of school funds 239B 75 

Violation of law of depositories 936 101 

Violation of sanitary provisions 6 105 

Willful disturbance of school 241 76 

Without advertising for bids 240 76 

FIRE ESCAPES— 

Duty of what officers to provide 95 34 

Penalty for neglect of duty 96 34 

Required on what school houses 94 34 

FLAGS— 

To be provided for schools 287 89 

When to be displayed 287 89 



INDEX 139 

FREE KINDERGAETENS— Section Page 

May be established how : 289 89 

FREE PUBLIC SCHOOLS— 

What are 302 94 

FREE. TEXT BOOKS— 

Contract for what length of time 285 88 

How and when furnished 286 89 

May be furnished 285 88 

Price lis'tis and samples must be filed 285 88 

FUNDING INDEBTEDNESS— 

Certain eases legalized 308 96 

GOVERNOR— 

Appoints members of board of examiners 243 76 

Of high school board 1031 114 

Educational commission reports to 2 106 

Report of board of examiners made to 246 77 

Of state superintendent made to 12 13 

HEALTH AND DECENCY— 

Duty of school ofBeers 290 90 

HIGH SCHOOL BOARD— 

Appropriation for aid to high schools 1034 116 

Amount paid to each school 1034 ll5 

Application for aid sent to board 1034 115 

Appropriation limited 1034: 116 

Discretionary powers of the board 1036 116 

Expenses of board, how paid 1035 116 

High school board, how composed 1031 114 

Duties and term of office 1031 115 

Powers of the board 1036 116 

Inspector of high schools, appointed how 1034 115 

Duties of inspector 1034 115 

Salary and expenses of inspector 1034 115 

Members of board receive no compensation 1035 116 

Use of aid from state appropriation 1034 115 

HIGH SCHOOL— 

Board of education to establish and maintain 144 47 

District (see District High School) 

HITCHING POSTS— 

School board must provide 100 35 

HOLIDAYS— 

Certain holidays to be observed 270 84 

No school to be taught on 270 84 

What are holidays 270 84 

ILLITERACY— 

Legislature to take steps to prevent 151 10 

IMPROVEMENT OF SCHOOL GROUNDS— 

Amount to be expended annually -k 99 35 

Fences constructed when 98 34 

Tree planting 97 34 



140 INDEX 

INDEBTEDNESS— Section Page 

Bonds to pay outstanding may be issued 222 68 

Equalization of 217 67 

By board of education 130 43 

Indebtedness declared legal 308 96 

Bonds may be issxied when 308 96 

Pending actions not affected 309 96 

INDEPENDENT SCHOOL DISTRICTS— 

Authority to issue bonds 194 61 

Board of education constituted 181, 184 57, 58 

Election of 181 57 

Conduct of election 182 57 

Date of election 182 57 

General powers of board 188 59 

May admit non-resident pupils 191 60 

May sue and be sued 184 58 

Meetings of the board 186 58 

Organization of board 184.. 58 

Powers of the board 189 60 

Eesponsibili'ty of the board 185 58 

Secretary of the board 187.. 58 

Vacancies, how filled 183 58 

Visiting schools 190 60 

Bond of treasurer 196 62 

Bonds, may issue 194 61 

Boundaries of the district 180 57 

City council to pass certain ordinances 204 64 

Debts of old district assumed 202 64 

Election to create independent district 177.. 56 

Ballots, form of '. 179 56 

Canvass of votes 179 56 

Notice of election 178 56 

Election of members of the board 181 57 

Expenditures not to exceed revenues 198 63 

Elags, to be provided and displayed 287 89 

Pree text books, may furnish, when and how 285 88 

Eunds, how kept and paid out 197 62 

Health and decency, duty as to 290 90 

How organized 177 56 

Independent by vspecial act abolished how 209 65 

Investment of sinking fund 197% 62 

Kindergarten, may establish 289 89 

Name of independent district 180 57 

Penalties credited to board of education 204 65 

Property, title to 199 63 

Real property, title conveyed how 200 64 

Refusal of member elect to serve, forfeit 203 64 

RepoTt of treasurer 201 64 

Taxes, levied and collected 192 60 

Tax limit 193 61 

Text boioks, free, may furnish 285 88 

Treasurer, who is 195 61 

Vacancy in the board, how filled 183 58 

INDEPENDENT SCHOOL ORGANIZATION— 

Formed by special act may be abolished how 209 65 

INSPECTION— 

Of school buildings, board of constituted how 80 30 



INDEX 141 

INSPECTOE— Section Page 

Of rural and graded schools 6 109 

■ Of high schools 1034 115 

INSTITUTES AND ASSOCIATIONS— 

Appropriation for state institute fund 280 87 

How to be used 280 87 

Conductors and assistants appointed by whom ....280 87 

County institute fund htow created ....'. 279, 282 86, 87 

County supt., sta'tement of institute expenses 279 86 

Annual statement of institute fund 279 86 

Expenses of conductors, etc., how paid 283 88 

Lecturers and instructors, how appointed 280 87 

Statement of number of schools filed by whom 282 87 

State supt. appoints officers of institutes - 280 87 

INSTITUTE FUND— 

Appropriation from the state .280 87 

Certificate fees in county fund - 279 86 

From county general revenue fund 282 87 

How fund is used -281, 283 87, 88 

INSTITUTIONS— 

Maintenance of - 303 94 

INTEREST— 

Unpaid waitrants draw interest — 64 26 

KINDERGAETENS— 

May be established, how and when 289 89 

Supported h-w 289 89 

Teacher must hold certificate 289 89 

lilBRARY— 

Care of library and report 71 28 

List of books furnished by state superintendent 4 12 

School board may appropriate nuoney for library ....70 27 

MAINTENANCE— 

Of higher educational institutions 303 94 

MAINTAIN SCHOOL— 

How long school to be in session 83 31 

How long for aid as graded school 3 107 

For aid as rural school 4 107 

MEDICAL INSPECTION— 

Provided for in schools 236 74 

MISDEMEANOR— 

Failure to endorse unpaid waitrant 239D 76 

For county officer to receive commission 1 102 

Letting contract without bids 242 76 

Unlawful drawing of school money 239A 75 

Speculation in office 239 75 

Violation of depository law .-.,..936 101 

MONEY— 

One-mill tax, how appoi-tioued 305 95 

When paid to institution treasurer 307 95 

MORALS— 

Instruction iu aiorals must be given 277 86 



142 INDEX 

MORTCIAGES— Section Page 

Investment in by special district 168 54 

Satisfaction of by special district 169 55 

NARCOTICS— 

Nature and efCects of must be taught 75, 271—- 5, 84 

NON-RESIDENT PUPILS— 

School board must admit to sch-ools 73 28 

Special district may admit 144 48 

NORMAL SCHOOLS— 

Diplomas accredited 254 79 

NORTH DAKOTA EDUCATIONAL ASSOCIATION— 

Board may allow teachers to attend 288 89 

Proceedings to be published 15 14 

Teachers may attend without loss of pay 288 89 

NUMBER OF SCHOOLS— 

Statement of by county superintendent 282 87 

OATH OF OFFICE— 

Member board of education 161 52 

Of election officers 53.. 23 

Of school director 56 23 

OFFICERS— 

Annual meeting of school officers 23 15 

Of common school district 48 21 

Terms of (see Term of Office) 

OFFICIAL BONDS— 

(See Bonds, Official) 

ONE MILL TAX— 

Apportioned how 305 95 

Calculated by county auditor 304 95 

Levied on all property 303 94 

PENALTIES— 

(See Fines and Penalties) 

PERMITS— 

Fees to be deposited when issued 265 83 

Granted to whom and when 256 80 

PETITIONS— 

For bonding common school district 223 69 

For formation of special district 124 42 

PHYSIOLOGY AND HYGIENE— 

Insftruction to be given in 271..... 84 



POLL TAX— 

County auditor to levy 117. 

PRESIDENT OF SCHOOL BOARD— 

(See under Common School District Board) 

PROPERTY— 

Independent may take as gift 199. 



40 



63 



PROPOSALS— 

For building school house, on bids 230 72 



INDEX 143 

PROSECUTIONS— Section Page 

(See Actions) 

PUBLIC MOEALS— 

To be inculcated by teacher 277 86 

PUPILS— 

Board may expel for cause 74 29 

Graded by whom 275 85 

In high schools must select course - 2 117 

Must review certain subjects 3 117 

Teacher may suspend 274 85 

QUALIFICATIONS— 

Of county superintendent and deputies 18, 33 14, 17 

Of teachers for aided schools 3, 4 107, 108 

Of teachers for certificates 249, 253 77, 79 

REAL estate- 
How conveyed in special districts 135 45 

Independent district, how conveyed 200 64 

READING CIRCLE— 

Board constituted : 284 88 

Credit for work of 284 88 

Maintenance of 266 83 

REPEAL— 

Of certain sections of old law 310 97 

Of sections on building 7 105 

REPORTS— 

Board of education of special district 144 48 

Board of examiners 246... 77 

Census, reported to whom and when 89 33 

City treasurer's report .— 201 64 

Clerk of school district 91 33 

County superintendent 32 16 

Defectives reported to whom 90.. 33 

Educational commission 2 106 

Superintendent of public instruction 12^ 13 

Teacher's report at close of school 269 84 

Treasurer of oommon school district 111... 38 

(see Treasurer under other districts) 

RURAL SCHOOL AID— 

Additional aid to consolidated schools 8..... 109 

Advancement of schools from class to class 10 110 

Aid obtained by what schools 2 106 

Amount of apportionment to schools 7 109 

Amount of appropriation for each class of schools ....12 Ill 

Application for aid made to whom 5 108 

Apportionment to each school ......7 ..- 109 

Conditions required of graded schools 3.... 106 

For rural schools 4 107 

Consolidated schools may obtain additional aid 8 109 

Wihat are consolidated schools 8, 84.: 110, 32 

Inspection by superintendent of public instruction... .6 109 

Inspector of rural and graded schools 6 109 

Purpose of state aid 1 - 106 

Records kept by state superintendent .—.9 110 

Report on aided schools by state superintendent ....11 110 

Schools entitled to aid, what are 2 106 



144 INDEX 

SALAEY— Section Page 

Of county superintendent 34 17 

Of deputies county superintendent 33 17 

Eural and graded school inspector G 109 

High school insjjector 1034 115 

State superintendent 16 14 

Teacher's salaries to be graded by board 72 28 

SCHOOL BOAED— 

(See Common School District Board) 

SCHOOL BONDS— 

(See Bonds of Common School District) 

SCHOOL DISTEICT— 

(See Common School District) 

SCHOOL FUNDS— 

Accounts, how kept Ill 38 

County treasurer keeps accounts with districts ....113 39 

Collects school taxes 114 39 

County tuition fund, apportioned how 118 41 

Levied how 117 40 

Withheld when ; 107, 109 37 

Deposit in depository releases treasurer 934 101 

District funds controlled by treasurer 106 36 

Embezzlement of funds, what is 239B 75 

Funds defined - 105 36 

Funds kept separate 104 36 

How paid out 63% 26 

Institute fund, how created 279 86 

Appropriation by state for fund 280 87 

Paid out how and for what 281 87 

Investment (see sinking fund under different districts) 

Must be deposited when (see Depositories) 935 101 

State tuition fund, apportionment 101 35 

Apportioned by county superintendent 110 37 

County treasurer reports 102 35 

Defined 105 36 

Excess, how used 105 36 

. ' Funds kept separate 104 36 

How raised 101 36 

How used 105 36 

■ '■ New districts entitled to tuition fund 108 37 

Paid out by district treasurer 106 36 

Eeverts to original fund when 109 37 

State auditor, duty 'of 103 35 

Warrants drawn on state treasurer 103 35 

Unlawful drawing of funds, penalty fior 239A 75 

When county treasurer pays district treasurer 112 39 

Withheld when enumeration ruot taken 107 36 

By countjr superintendent when 107 37 

For failure to maintain school 109 37 

SCHOOL HOUSES AND SITES— 

Approval of plans by whom 1 103 

Board of inspection, inspects school house when 80 30 

Bonds for building school house - - 222 68 

Building plans inspected by w*hom 829 101 

Construction of school houses 2 103 

Oontraets, how let 230 72 



INDEX 145 

SCHOOL HOUSES AND SITES— (Continued) Section Page 

Election to be oalled, when 79 30 

Grievances to be adjusted 4 104 

House to be kept clean 2 104 

How determined 78 29 

May be used for other purposes 77 29 

Method of inspection of buildings 4 104 

Plans, consult with whom 829 101 

Approved by whom 1 103 

Furnished by state superintendent 79 30 

Must show what 2 103 

Prepai-ed how and by whom 79 30 

Proposals for buildings school houses 230 72 

Toilet rooms, how constructed 3 104 

Two-thirds vote necessary to remove scbool house ..79- 30 

Ventilating flues and construction demanded 5 105 

SCHOOL MONTH— 

Befined 270 84 

SCHOOL LANDS— 

Eeserved by national government 88 5 



SCHOOL LAWS— 

To be printed by state superintendent 14 13 

SCHOOL OFFICEES— 

May be removed by court 216 67 

(see under different districts) 

SCHOOLS— 

Shall be free and accessible 233 74 

SCHOOL SITES— 

Bonds for purchase of 222 68 

How obtained 81, 829 31, 101 

Selected by election 79 30 

New school for remote pupils ; 82 31 

Eeversion to original owner when 81 31 

SCHOOLS, PUBLIC— 

Free public schools, what are 302 94 

Bible,, not to be excluded from 276 86 

Close for teachers' institute 273 85 

Course of study , 271 84 

Must be free and accessible 233 74 

Must be maintained how long 83 31 

To share in funds 109 37 

Willful disturbance of, penalty for 241 76 

SCHOOL TAXES— 

(See Taxes) 

SCHOOL TEEM— 

Increase on petition 85 32 

Length, and how fixed 83 31 

Minimum length of term 83 31 

To share in funds 109 37 

Special districts, length of term 144 47 

When term discontinued 83 31 



146 INDEX 

SCHOOL TREASURER— Section Page 

Accounts, how kept Ill 38 

Settlement when Ill - 38 

Action on bond - 66' 27 

Additional bond when required 63 — — 25 

Bond of treasurer — 62. 25 

Premium on 631/4 25 

Bonds of district negotiated how 227 71 

County treasurer to pay funds to when 112 39 

Deposit in depository releases from liability 934 101 

Embezzlement of funds, what is 239B 75 

Endorsement of unpaid warrants 64 26 

False reports, penalty for 240 76 

Funds, how paid out .-• 63%.... 26 

Liability ceases with deposit 934 101 

Notice to drawee of unpaid warrants .'.-. 64 26 

Records open to the public 92 34 

Reports, form of, triplicate Ill 38 

False reports, penalty for 240 76 

Salaiy of treasurer QQV2 27 

Surety bond ..-. 631/0 25 

Unlawful drawing of money, penalty for 239A 75 

Warrants unpaid to be endorsed 64 — 26 

Penalty for failure to endorse 239D 76 

Notice to drawee when funds to pay 64 .• 26 

When county treasurer pays funds to 112 39 

SCHOOL WEEK— 

Defined .- -270 84 

SCHOOL YEAR— 

Defined .-270 84 

SEAL— 

Board of education, independent district 184... 58 

County superintendent shall have 24 16 

Superintendent of public instruction to use 11 13 

SECRETARY— 

Of board of education, duties of 143 47 

Board of examiners, who is 243 .— 76 

Trustees of agricultural school ..-4 119 

SINKING FUND— 

Created, must be in bonded district ....226 71 

In special district, created how and when 167 53 

Investment of sinking fund ..168—. 53 

(Also see under different districts) 

SITES— 

(See School Sites) 

SPECIAL DISTRICTS— 

Adjacent territory may be attached, how 133 ..— 44 

Becomes part of general district when :.133. 45 

Board assumes control when -153 50 

Board of education and quorum 138.... ...- 46 

Compensation of members - 139 46 

Clerk, duties of 143 47 

Duties of the board 144 47 

Election of board members - 155 — - 51 



INDEX 147 

SPECIAL DISTRICTS— (Continued) Section Page 

Canvass of returns 159 » 51 

Certificate of election 160 52 

Notice of election 156 51 

Perm of notice 157 51 

Ofaeers of election 158 ..-. 51 

Precincts for election , — .....158 51 

Flags, shall purchase 287 89- 

Free text books, may provide 285 88 

When and how to provide- free texts ....286 89 

Health and decency, duty of the board 290.... 90 

Kindergarten, may be established, how 289- 89 

Meetings of the board 11:0 46 

Members must not be interested in contracts 139 46 

Oath of ofaee - 161 52 

Organization of the board - .141..... 46 

Powers of the board - -144.. 47 

President, duties of - 142..... 47 

Teachers may attend educational association. .288 ,. 89 

Vacancies on the board, how filled 162 52 

Bonded debt of old district, how paid 132 44 

Tax levy for payment 131 44 

Bonds of special district, how and when issued ....163 52 

Denomination of bonds .......164 52 

Election for issuing bonds 165..... 52 

Interest coupons - 170 55 

Issue of bonds, how governed 175 56 

Levy for payment of bonds 167 53 

May be excihanged - 174 56 

Mortgaged security satisfied 166 53 

Must specify what purpose 166 53 

Eefunding bonds issued when 173 55 

Register of bonds by clerk 170 55 

Surplus funds may be transferred 176 56 

Creation of a special district - 123 42 

Conveyance of propertv - 135. 45 

Constituted when .". 128.. 43 

Debt limit of 'the district .v. 166 53 

Detachment of territory 133 44 

Division of property 130 43 

Election to form district .124 '42 

Ballots, form of 126 43 

Conduct of election 125 43 

Notice must be given 125.. 43 

Results announced - 127... 43 

Establish kindergarten, when and how 289 89 

Expenditures on written contract 152 50 

Excess of $500 must be ou bids 152 50 

First election of officers 129 43 

Flags, to provide 287 89 

Free text books, when and how .285 88 

How organized 136 45 

Election of first board 137 46 

Investment of sinking fund 168 53 

May become part of general district ....154 50 

Name of corporation 134 45 

Petition for organizing special district 124 42 

Portion of district may become special district 123 42 

Supervision of school by whom 145 48 



148 INDEX 

SCHOOL DISTRICTS— (Oontinued) Section Page 

Territory outside may be included 123 42 

Tax, annual levy 151 49 

Taxable property 150 -.- 49 

Treasurer, who is 147 49 

Bond of treasurer 149 49 

Cus.todian of funds 146 48 

I Duties of treasurer 148 49 

Vacancy in board of education, how filled 162 52 

What cities may become special districts 122..' 42 

SPECULATION— 

Receiving commissions forbidden 1 102 

STABLES— 

In rural districts, provided when 100 35 

STATE AUDITOR— 

Institute find, warrants on 281 87 

Tuition fund, duties as to 103 35 

STATE BOARD OF EXAMINERS— 

Annual report of 246 77 

Appointed by the governor 243 76 

Compensation of board members 245 77 

Duties of the board 247 77 

Constituted 243 76 

Expenses of the board : 245 77 

Kindergarten teachers, examination of 289 90 

Meetings of the board 244..... 77 

Organization of the board 244 77 

Reading circle board ex-ofiicio 284 88 

Shall constitute the reading circle board 284 88 

Shall deposit fees with the state treasurer 266 83 

Standings from agricultural school, accept 11 122 

STATE HIGH SCHOOL BOARD— 

(See High School Board) 

STATEMENT— 

Of number of schools for institute fund 282..... 87 

STATE PROFESSIONAL CERTIFICATE— 

Issued for life ....252 78 

For five years 251 78 

STATE 'S ATTORNEY- 

Prosecutes violation of compulsory law 235 74 

STATE TREASURER— 

Institute funds paid on his warrants 281 87 

STATE TUITION FUNDS— 

(See School Funds) 

STIMULANTS— 

(See Narcotics) 

STUDIES— 

Additional studies determined by school board 75 29 

Assigned by the teacher 275 85 

Certain to be reviewed in senior year 3 117 

Required for certificates 249—253 78, 79 

To be taught in common schools 271 84 



INDEX 149 

SUPERINTENDENT OF CITY SCHOOLS— Section Page 

Board may appoint 144 48 

May issue employment certificates 293 91 

Must 'have certain studies reviewed 3 117 

Not controlled by county superintendent 19 14 

Shall report recommendations to board 266V2 83 

Supervision of the schools of the city 145 48 

SUPERINTENDENT OP PUBLIC INSTRUCTION— 

Advise boards of education 6 12 

Appeals from county superintendent, decides 6 12 

Appeals, shall file records 10.. 13 

Appoints institute conductors, instructors, etc 280 87 

Approves acooTint institute conductor's expenses....281 87 

Approves plans for school houses 1 103 

Assistants in office, may appoint .: 16 14 

Attends teachers' institutes 9 13 

Biennial report, shall make 12 13 

Shall print and distribute report 13 13 

Board of agricultural schools, is secretary of ....„ 6 120 

Board of examiners, is secretary of 243 76 

Books and documents, shall preserve 2 11 

County superintendents meetings, to call 7 12 

County superintendents, shall advise 6 12 

Course of study, shaU prescribe 5 12 

Educational association, publish proceedings 15 14 

Election of 1 11 

General duties 9 13 

General supervision of public schools 2 13 

High school board, member of 1031 114 

Inspection of county agricultural schools, duty 6.-.— 120 

Of rural and graded schools 6 109 

Institutes, appoints conductors, etc 280 87 

Assists at institutes 9 13 

Course of instruction for, prescribes 8 12 

Rules for institutes and training schools 8 12 

List of publications, to furnish 4 12 

Member of certain boards 3 12 

Qualifications of 1 11 

Rules for teachers' institutes, shall prescribe 8 12 

Record of official acts, shall keep •. 10.; 13 

Reports on rural and graded schools aided 11 110 

Salary of state superintendent 16 14 

■Sample copy of text books sent to 285 88 

School laws printed and distributed when 14 13 

Seal, shall have 11 13 

Shall preserve documents 2 11 

Supplies and blanks, shall furnish 4 12 

Tei-m of office 1.... _. 11 

Text books, approved and lists furnished 285 88 

Traveling expenses 16... 14 

Vacancy, how filled 212 66 

SUPPLIES— 

Blanks, etc., furnished by state superintendent 4 12 

SUSPENSION OF PUPILS— 

By school board 74 29 

Teacher may suspend 274 85 



150 INDEX 

TAXES— Section Page 

Annual scfhool tax 115 40 

Collections certifiecl to county superintendent 118 ., 41 

County agriculturial schools, tax for 2 118 

State levy for support 16 123 

Delinquent taxes apportioned 119 .— 41 

Equalization of debts, maximum levy 219.. 68 

How and when collected ..114 39 

In districts having no school board 121 41 

L-evy, how made : 76, 115 29, 40 

Of county tuition tax .117 40 

How made and when 115 40 

To pay judgment 116 40 

Maximum levy .....120... 41 

One-mill tax levied 303 94 

How apportioned 305 95 

Tax to equalize indebtedness 219 68 

Uniform, taxes must be 120 41 

TEACHEES— 

Eelatives of board eligible when 67 27 

In certain cities 208 65 

(See Duties of Teachers) 

TEACHEES COLLEGE— 

Diplomas of, accredited 254 79 



TEACHEES' INSTITUTE— 

(See Institutes and Associations) 

Eules for by state superintendent 8 12 

State superintendent to attend -'. 9 13 

TEACHEES' EEADING CIECLE— 
(See Eeading Circle) 

TEACHEES' TEAININC SCHOOL- 

County funds appropriated how 282 87 

Counties may unite for 281 87 

Eules for by state superintendent 8 12 

Teachers may attend .273 85 

(Also see Institutes and Associations) 

TEEM— 

Of office, clerk of school district 57 24 

County superintendent of schools 17 14 

Director, three years 48 21 

State superintendent 1 11 

Treasurer of school district .- 48 21 

Of school (see School Term) 

TEEEITOEY— 

Adjacent^ how attached 133 44 

Divided when 39 18 

By natural obstacle 41 19 

To form special district 128 43 

In two counties 39 18 

New district may include what 44 20 

What may be organized 38 18 

TEXT BOOKS— 

(See Free Text Books) 

May be furnished by district 285 88 

Must be approved 285 88 



INDEX 151 

TITLE— Section Page 
How acqidred 81 31 

TOWNSHIP— 

Fractional township may be annexed —41 19 

TEAINiING SCHOOL— 

(See Teachers' Training School) 

TEANSPORTx^TION— 

Distance to make transportation mandatory 232 73 

Furnished by district when 84 32 

TRAVELING EXPENSES— 

Board of examiners 245 77 

County agricultural sc'hool board of trustees 5 119 

County superintendent (.see Mileage) 

Educational commission 2 106 

High school board 1035 116 

High school inspector 1034 115 

Rural and graded school inspector 6 109 

TREASURER— 

(See School District Treasurer) 
' (See State Treasurer) 

TRUANT OFFICER— 

May be employed in what districts 235 74 

TUITION FUND— 

(See School Funds) 

TWO AND A HALF MILES— 

Limit for organizing school and compelling attendance 

.82 31 

UNITED STATES FLAG— 
(See Flags) 
Provided and displayed when 287 89 

VACANCIES— 

Boiard of education of special districts 162 52 

Of independent districts 183 58 

Board of trustees agricultural schools 4 119 

County .superintendent ...213 66 

Director of common school district 214 66 

Election board 53 23 

Failure to give bond 149 .— . 49 

Treasurer of independent district ..197 62 

School clerk 215 67 

School treasurer 214 66 

Superintendent of public instruction , 212 66 

When there is a vacancy 216 67 

VOTERS— 

Who are voters 50 22 

WARRANTS— 

Money paid only on proper w^arrants 148 49 

No money paid except on proper warrant 63% 26 

Notice to drawee of sufficient funds 64 26 

Only for prior indebtedness ...65 26 

Penalty, failure to endorse nnpaid 239D 76 

Unpaid bear interest 64 26 

To be endorsed 64 26 

What to specify .--65 26 



152 INDEX 

WATEE CLOSETS— Section Page 
School board must provide - 290 9(> 

WEEK— 

School week defined 270 84 

WOMEN— 

Are voters when 128 9' 

WEITING— 

Must be taught in all schools 1 117 

YEAE— 

School year defined 270 84 



EEEATA 

Page 33, section 90. last line should read "clerk" instead of ''court 
clerk." 



STATE OF NORTH DAKOTA 



GENERAL SCHOOL LAWS 



Comprising all the Laws in Force Pertaining to Public Schools 



PUBLISHED BY 

DEPARTMENT OF PUBLIC INSTRUCTION 

E. J. TAYLOR, Superintendent 

MARCH J5, J9n 



Published by Authority 



FARGO, N. D. 

KNIGHT PRINTING COMPANY 

1911 



LB n 



